Be aware that fathers don’t have automatic visitation rights. A custody order or legal agreement is usually needed to establish and enforce these rights. This applies to mothers too. However, the primary caregiver, often the mother, may control access to the child until an agreement is formalized.
Understanding visitation rights for fathers is paramount to helping you get the most out of your time with your kids. You can follow certain steps to maximize the amount of time you literally have. Once a schedule has been set, your goal is to squeeze the most out of it.
What Parental Rights Does a Father Have?
In the family law system, the best interests of the child are the paramount consideration. This means that fathers essentially have no automatic rights until a custody agreement or court order is in place.
After separation, the system generally favours the continuation of the established pattern of care. In many cases, this pattern is led by the primary carer, typically the mother.
If there is conflict, the primary carer may deny the father access to the child. In such situations, the father must first seek mediation to resolve the issue amicably. If that fails, court intervention may be necessary to establish a temporary visitation arrangement.
The court’s sole focus is the child’s wellbeing, and the father must demonstrate that maintaining a relationship with him will benefit the child.
Related: What Do Family Lawyers Do?
Can a Mother Refuse Access to the Father?
A mother can refuse access to the father if there is no court order in place. In the absence of a formal agreement, the mother, as the primary carer, may deny the father access to the child. The father would then need to seek mediation or apply to the court for a formal visitation order to establish his rights.
If there is a court order granting the father access, the mother is legally required to comply with the terms. Refusing access in this scenario would be a breach of the court order, which can have serious legal consequences. The father can take legal action to enforce the order if the mother refuses access.
When a court order is contravened, common measures include the court issuing a warning, modifying the order, or imposing penalties on the non-compliant parent. In more severe cases, the court may impose fines, order compensatory time with the child, or even change custody arrangements to ensure compliance.
After a Judge Decides Your Visitation Schedule
Few experiences take as much out of you as fighting in court, before a judge you’ve never met, for your God-given rights to be with your children. You’ve likely talked about all of it ahead of time with your attorney.
Then, the decision comes down. From here on out, you’ll see your children, the same people you’ve tucked in at night, every night, on a schedule. And none of it makes any sense.
Once you’ve reached this point, you’ll be met with two choices:
- Either you can keep fighting for custody of your kids.
- Or, you can make the absolute most of the time you have with them.
The decision is yours.
But before you start scheming, plotting, and hiring Magnum, P.I. to dig up dirt on your ex, think. It’s likely that nothing will come of it. And drawn-out custody battles only hurt your kids in the end.
Generally speaking, unless your ex is a raging alcoholic with a criminal record or an abuser, odds are your continued litigious efforts will all be for naught. Mom usually gets managing conservatorship over your kids. You’ll be named the non-custodial parent.
Why?
Well, a lot of it has to do with biology. Mom went through the pregnancy. Mom birthed your offspring. Mom gets dibs, right? Not necessarily. There was a time when this happened semi-automatically. And in the good ole South, it’s still what judges will prefer.
Maximizing Your Time with Your Kids
Litigating aside, what can you do to be an actual, real part of your kids’ lives—even if you’re not physically there 24/7?
Kids don’t care about the brand new shoes you got them for school. They couldn’t care less about the gaming system in the end. Games and toys and things are just that. They aren’t you! So what do they want from you? That’s easy, man! They want you!
The amount of time you spend with your brood is nowhere near as important as what you do with it. If you’re experiencing budgetary constraints, tighten that wallet! Save some cash by planning out your weekend activities to center around you getting plenty of time to talk to your kids.
If you’re trying to figure out how to steer your ship of life through the lives of teenagers, get on their level. Meet your teens on common ground.
- Video chat with them regularly.
- Traveling? Turn the camera around and show them your surroundings.
- If they’re of dating age, bring the significant other around, too.
But if you’re having a rough time with your teenage daughter, don’t quit. Underneath all the angst that comes with this part of growing up, she’s still there. She’s still the little girl who wouldn’t let you go when you arrived home from working a long hard day.
Teens are territorial. Give her a space within your home that’s just for her. She’ll respond almost immediately!
A Child’s Years Don’t Last Forever
If you do nothing else, show up for them. Keep your kids in your center of gaze. You need to see them in order to prioritize their needs over your own. So, go out of your way to do so by:
- Offering to take your kids to doctor’s appointments and regular checkups.
- Showing up to support them at sporting events.
- Joining the band parents and getting involved.
- Showing up uninvited at school plays.
- Arranging your schedule so you’ll take a later lunch in the day a few times a week and spend that time with them.
Going out of your way is not at all convenient. It’s not supposed to be. A good dad, a phenomenal Dad, does whatever he has to for his brood. The harder, the more laborious, the more time-consuming, there he’ll be!
Your kids won’t be kids for long. You’ll soon watch them cross the graduation stage. What will you say then if you waited that long to grow up?
Sit down. Write a letter right now to your son or daughter to hand over to them on that day! In it, be the best version of yourself, the best dad, and lay it all out. Are you proud? Do you still see their chubby baby cheeks smiling back at you from under that cap and gown? Let them know!
Because it’s all so finite, so short, be there! Maximize your child visitation rights by actually visiting your child.
Remain on Good Terms with Your Ex
Doing so will keep her on your side. Don’t bring up the past. It no longer matters. Instead, offer to drive your kids home and save her a trip when you can. It’s simply a win-win!
Keep Records in Case You Need Them in Court
And if despite all you do, you can’t get proper access to your kids, keep records of everything! Embrace technology to help you do it.
Simply make it a habit to correspond with your ex via email, text message, etc., from the get-go. Not only do you keep a record of all your efforts to be a good parent, but you may also be able to document any problems coming from her side.
Just make sure that you don’t get caught out yourself by writing something stupid or offensive. Always imagine that anything you write could be read by a judge or police officer at a later time.
Be a Phenomenal Dad!
Cultivating your relationship with your children (whether you’re married or not) is your responsibility! No one can connect with your kids for you. You’re irreplaceable.
Maximizing child visitation is your job. You have to make the most of every minute you get to be with your children. They’ll only be that young once. Teens can be an issue. But it’s one that’ll only last for a while. You’ll need to be there through it if you want your kid to take you seriously.
Buying them stuff won’t matter. Any favorable attention you get won’t last any longer than the sneakers will remain clean. Take care of their emotional needs along with their finances and learning requirements. Be THAT GUY!
Keep your relationship with your ex light and upbeat. Offer to help out with your kids where and when you can.
But, above all, hang on to your little ones. Do it even when you don’t want to, even when you’re tired. Keep them close to your heart. Love them freely!hen you don’t want to, even when you’re tired. Keep them close to your heart. Love them freely!