Despite changes in the legal system designed to treat parents equally, fathers frequently face an uphill battle during divorce and custody cases. When you find yourself in this situation, a seasoned family attorney from The Smith Firm could help.
The outcome of a child custody hearing can impact your relationship with your children for the rest of your life. Given the high stakes in these cases, it is important for you to seek legal counsel right away. Let an Oklahoma City father’s rights lawyer help you protect what matters the most.
For some people, the first step in enforcing parental rights is proving that they are the father of a minor child. This is done through a process known as establishing paternity. Until you have legally established paternity, you cannot enforce or pursue legal rights related to your child.
The process of establishing paternity can vary. There are situations where paternity is not in question or has already been established. There are also times when establishing paternity is a major factor in a custody case or divorce.
Establishing paternity is not always a difficult process. The law presumes that the husband is the father of a child born during the course of a marriage, although it is possible to rebut that presumption. It is also possible for both parents to sign an Acknowledgment of Paternity, a legal document that asserts both parents agree on the identity of the father. However, this option is not available if one or both parents refuse to sign voluntarily.
When there are disputes over paternity, the issue is left up to the courts. The judge could determine paternity following a DNA test of the father and child. In any of these situations, an experienced Oklahoma City father’s rights attorney could help you navigate the process.
Once paternity is established, you have the ability to clarify and protect your legal rights as a parent. This includes the option to petition the court to establish or alter the terms of child custody, visitation, or child support agreements.
While historically, courts have had a bias towards mothers in custody cases—the law does not provide any preference to one parent over another. Instead, questions of custody and visitation are decided based on the best interest of the minor child.
As a baseline, the courts prefer parenting plans that give both parents equal access to the child. The hope is to allow the child the opportunity to build a relationship with each parent. However, this even split is never guaranteed. The judge could determine that it is best for the child to have little to no contact with a parent, including their father.
For many fathers, custody issues are the most challenging family law issue they will encounter. When you are involved in a custody dispute, the attorney you hire could play a critical role in protecting your rights. Talk to a well-practiced father’s rights lawyer in Oklahoma City to learn more about your legal options.
If you are concerned about your rights as a father during a divorce or custody hearing, you should seek legal guidance as soon as possible. The right attorney could give you peace of mind that you are doing everything possible for your child.
Do not put your rights at risk by acting as your own lawyer. Call an Oklahoma City father’s rights lawyer at The Smith Firm today for a confidential consultation.