Father’s Right to Parental Involvement and Legal Remedies in Visitation and Custody Disputes

There are a number of legal remedies available for parents who have a child custody or parenting time dispute. Some of the more common remedies include:

Enforcement & Suspension

When one parent or both parties are violating a court order, there are several possible legal options that can be used to help enforce the order. First, the parent who violates the order may be held in contempt of court.

If a parent is found to be in contempt of court, they can be subject to jail time and/or other severe judicial sanctions. This can be a harsh penalty, but is more often used to deter further violations by the parent who is being punished for the violation.

Compensation for Custody & Visitation Violations

If one party has defied the court’s orders, and there is evidence of a pattern of conduct, there may be options for compensating that parent for the violation. This can include a payment of child support, reimbursement for expenses incurred by the non-violating party or a reduction in their parenting time or visitation schedule.

A parent can also seek an order directing law enforcement to assist in retrieving the child from the non-violating party if they are unable to gain access to the child themselves or in other ways. There are different laws governing how and when this can be done, and it is important to speak with a Miami divorce & family lawyer to ensure the right remedy is available in your particular situation.

Establishing Paternity

A father can be legally determined to be the parent of a child born out of wedlock by signing an acknowledgment of paternity form and attesting to it in a sworn statement. This will allow the state to begin enforcing the father’s child support obligations.

The father must also provide the state with a birth certificate for the child, and pay the requisite filing fee. Once a father has provided the court with all of this information, the court will issue an Order establishing paternity.

Pre-Trial Process & Hearings

The judge must review the parties’ proposed plans for their children and determine whether they are in the best interest of the children. This can take place at a formal hearing or through mediation.

If the plan is not in the best interest of the children, a judge or magistrate can reject it and give written reasons for his or her decision.

Regardless of the reason, the judge or magistrate must make sure the proposed plan addresses the needs of the children.

In addition, the judge or magistrate must ensure that both parents understand their agreement and that it is fair and reasonable to the children.

Finally, a judge or magistrate must make sure that the proposed plan provides for a parenting time schedule that is mutually acceptable to both parents and allows the child to spend adequate time with each parent.

There are many organizations in the United States that are dedicated to educating the public and family court systems on the importance of fathers’ rights, as well as their importance in the lives of children. Some of these groups are national organizations, such as the Fathers’ Rights Network and Dads America, while others are local or regional resources. For more details visit https://www.themiamidivorceattorneys.net/fathers-rights/.