Fathers and Children in Divorce
Saying that divorce is difficult is an understatement. There are numerous ways that divorce affects the lives of those involved, not the least of which is the relationship between parents and their children. Today, due to both social and legal issues, there are serious problems relating specifically to the the relationships between fathers and their children after divorce.
Current State of Fatherlessness
In about nine out of ten divorces involving children, the mother is awarded sole or primary custody. That may not be too surprising to most people. However, when you consider that nearly 40% of children from divorced families who live with their mothers haven’t seen their father in at least one year, the statistics get more alarming.
Even in instances where fathers are granted visitation the arrangement often becomes unworkable due to work and school schedules or geographic location. A father who has the best of intentions may see his children only 50 days out of the year. Fatherless households suffer from much higher dropout rates, teenage pregnancy, juvenile delinquency, and teenage suicide than their dual parent counterparts.
It’s obvious that there are advantages to both mothers and fathers maintaining close and caring relationships with their children after divorce. Fathers who wish to do this sometimes face challenges from their ex-spouse, but a solid understanding of the legal system can help them to maintain the most amount of time and the best possible interaction with their children.
Custody and Visitation
Visitation and custody are two separate matters. When the mother or the father are granted legal custody rights, it gives them the ability to direct how their children are raised. Legal custody decisions cover areas such as education, religion and health care. Parents may share legal custody of their children, which requires them to work together when making major decisions.
Physical custody refers to where the child lives. When one parent has sole physical custody of the children that means they live with them, and the other parent (the father in 9 out of 10 cases) has visitation rights.
Florida Specific Laws
In Florida, the laws are meant to protect the rights of the minor children and to promote healthy, thriving relationships with both of the parents. Both the mother and the father have equal footing in the law with regard to time spent with their children and their custody. There are no guarantees, however, and a Florida father who is going through a divorce should always take proactive steps to protect his rights to his children and his rights to his future finances as well.
Rights of Unmarried Fathers in Florida
Unmarried fathers in Florida face particular difficulties in establishing themselves as the legal parent in the lives of their children. The Florida statutes indicate that if the father and mother are not married at the time of the birth of their child, the name of the father may not be entered on the child’s birth certificate without an affidavit. This affidavit must be signed by both the mother and the father. Any man who believes himself to be the biological father of a child has the right in Florida to file a court action to establish his paternity.
Knowing your rights as a father, and taking the appropriate steps in the legal system can help you ensure a solid and enduring relationship with your children as they grow.
Pro Father Legislation in the works for 2013
In Georgia there is a proposed bill that would allow non-custodial parents to schedule extra activities like music lessons, sports, or Scouts without custodial parents permission even when these activities extend beyond the non-custodial parent’s parental time limit. They also are considering a “Child Support Parenting Time Adjustment Bill” that takes into account both parents incurred child expenses.
In Vermont, lawmakers are beginning to take into account the overwhelming scientific and educational data in favor of co-parenting. One of six states that do not have provisions for joint child custody, Vermont is looking into adjusting it’s law to accommodate these findings.
Recently in Virginia, House Bill 606, a bill that wanted to establish equal parenting time, did not actually survive in committee. Fathers in Virginia and others who support the idea that both mothers and fathers deserve time with their children continue to work towards joint-custody legislation.
Across the country there seems to be movement towards incorporating divorced fathers into their rightful roles as a parent in their children’s lives. The health and well-being of the children of divorce have always been the focus of divorce law in Florida and the United States. Both scientific proof and common sense show that having good relationships with both of their parents serves a child best.
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