Fathers’ Rights in a Divorce

Due to historical gender roles where women were considered the primary caregiver, it is still most common for mothers to be granted primary custody instead of fathers. This gender bias often leaves many caring and involved fathers disconnected from their children. If you are a father going through a divorce, you should know that you have natural rights and responsibilities regarding your children during and after divorce. These rights do not need to be court ordered, they are guaranteed by the United States constitution and the laws of your individual state from the moment you became a father.

Unless a court rules otherwise, your rights as a father include the following:

  • Being an involved influence in your children’s lives, interacting and spending time with them
  • Loving and nurturing the children without harassment from the other parent
  • Deciding where your children will live
  • Participating in the parenting of your children
  • Access to your children’s school and medical records
  • Participating in children’s extracurricular activities
  • Custody, care and control of your children
  • Choosing your children’s school
  • Determining your children’s religious faith
  • Making decisions about your children’s medical and dental care
  • Following your own beliefs and parenting style without interference
  • Guiding and disciplining your children
  • Choosing what is best for the children

Along with these rights, fathers have the following responsibilities as a parent:

  • Supporting children
  • Providing food, shelter and clothing
  • Seeing that children receive appropriate medical treatment
  • Giving your children access to good schooling
  • Protecting children from harm and neglect
  • Fostering their relationship with the other parent
  • Giving them all the love, nurturing and encouragement you possibly can
  • Keeping in contact with your child
  • Doing everything within your power to keep your marital problems and negative feelings from impacting your child
  • Behaving in a manner that helps your child trust you

You have the same legal rights as your child’s mother before and during the divorce. As a father you have the right to stay in the home you share with your children. You also have the legal right to refuse to allow their mother to remove them from the home. No matter what your ex-wife wants, your right to father your children is constitutionally protected.