When two parents separate, much attention needs to be paid to the welfare and the future of the unfortunate children. There is often a period of time when negotiations between all parties can be difficult, especially due to the emotional connection. Right or wrong, many people seem to want to side with the mother in terms of interaction with the children going forward and this can be detrimental in terms of the father's rights. If you're in this situation as a father, what should you bear in mind when it comes to standing your ground?
Checking the Paperwork
Very often the simplest action you can take is to make sure that you have a formal right to claim your paternity. If you were married before the children were born, then this may be taken care of, but if you weren't, then it's not an automatic assumption. Ask your lawyer to help you submit a written application to contend that you are the parent and see if you can get the child (if possible) to confirm this as well. If your name is not listed on the birth certificate, it's possible to request that this be altered at this stage.
Being Very Involved
As a concerned parent, you will have a right to maintain any relationship with your children going forward and everyone involved should work towards including these rights on a written parenting plan. It will be in your best interests to keep up with, or even to pay more attention to any engagement, should your mind have been on other things during the separation. All of these issues and positions can be taken into account when any parenting plan is finally agreed upon.
Taking Extra Precautions
It's even more important for you, as a father, to be engaged and proactive when it comes to your children if you are unmarried. You also need to add your name to the registry in your home state to further underline your status as the father. In this case, you can fight any claim by the mother that she introduces a stepfather under adoption proceedings.
Keeping Money in the Picture
Often the father is the breadwinner in a family. If this was — and still is — the case, then you should be careful to maintain such financial support, as this has considerable bearing in any dispute.
Acting on Best Behaviour
Finally, be sure to regulate your behaviour at all times and never to become agitated or ill tempered, even when the pressure is on. Stay away from any brushes with the law, for example, as any deviation from the straight and narrow could be used as an argument against your character.
Talk with family law solicitors to help you maintain your paternal rights.
Share26 April 2017
Hello, my name is Jenny and this is my probate law blog. I should say now, I am not a lawyer and I have not had any professional legal training. However, I do know a thing or two about probate. I taught myself a lot after the death of my grandma. My grandma left a lot of money and property behind, but unfortunately, she didn't leave a will. This lead to several family members staking a claim on the inheritance. I instructed a lawyer to act on my mother's behalf to ensure that she was not cheated out of her share.