Separation and child custody can be a daunting thought for fathers. It is in your best interest to know what factors go into custody decisions.
Parental Responsibility – Rights of fathers
Parents have a responsibility to their child until they reach the age of 18. This responsibility may not be affected by changes in either parent’s relationship.
Parental responsibility refers to all of the duties, powers, responsibilities and authority that parents have in relation to their children. Details of this responsibility are outlined in the Family Law Act 1975.
Generally, the court makes orders about parental responsibilities only if the parents cannot reach an agreement. These orders are known as parenting orders. Courts may also approve orders to reflect an agreement that you have reached during the court process.
Father’s Custody – Rights of fathers
A lot of people may assume the mother will get more access to the children if the case goes to Court. This is not true but there are reasons why people believe it to be.
It has been shown that young children generally need the stability of living consistently with one parent. However, it is good for children to have frequent time during the day with their other parent to maintain their relationship.
Mothers have a physical bond with their child at birth. Therefore, the child usually stays with their mother at an early age. However, as your child gets older a shared custody arrangement may be possible.
At first glance, it may seem unfair that one parent gets more time with younger children than the other. The law will consider the best interests over parents’ best interests when making orders.
Let’s work it out together
Family law matters can be very complex. You are invited to discuss your matter with our Legal Practitioner Director Shannon Bodeker. Shannon has been working in Family Law for over 20 years, with extensive experience working with fathers in child custody and parenting arrangements.
Prior to your first appointment, please email us detailing your situation. We read this on a no-charge bias prior to your first appointment.
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