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Visitation Of Fathers And Rights

In a divorce proceeding, neither parent is automatically entitled to visiting rights. Visitation rights are legal only when such rights have been determined by the court. Alternatively a parenting plan created by both parents may be agreed to which is ratified by the court.

A parent must understand that visitation and custody are two completely different things. Legal custody of the child refers to the ability to direct how the child is raised. It also includes decisions relating to religion, education and healthcare. It allows the parent to live with the child. On the other hand, visitation rights refer to the time spent by the parent, with the child. 

Primary custody, during a divorce proceeding, or full custody after a divorce is granted may be awarded to either parent. In this event, the other parent will have to apply to the court for visiting rights.

Visitation rights should be recorded in writing, listing the conditions applicable, however minute. Depending on the relationship with the former wife, the father would be able to work out more frequent visitations, keeping in mind that those extra visitations are not guaranteed and can take place only because of the willingness of the ex-wife.

An unwed father has no right at all, even if his name is listed on the Register of Births. An unwed father has to apply to a court for visiting rights which is granted solely at the court’s discretion. A pre-requisite is to establish the paternity which can be done either with a voluntary declaration or by a DNA test if the matter is in dispute.

More Articles :

• Does Unwed Father On Birth Certificate Have Rights ?
• Fathers Having Equal Rights As Mothers
• Fathers Rights In Child Support
• Fathers Rights Related To Abortion
• Rights Of A Unmarried Father
• Single Fathers And Parental Rights
• Unmarried Fathers Rights In California
• Unmarried Fathers Rights Of Access To Children
• Visitation Of Fathers And Rights

 

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