When Should Fathers Exercise Their Child Custody Rights? by Daniel Rosenberg

When Should Fathers Exercise Their Child Custody Rights? by Daniel Rosenberg

Exercising your child custody rights, as a father, begins as soon as you decide to terminate your cohabitation with the other parent. Determination of new living arrangements and scheduling of a shared custody agreement can and should be enacted consensually whenever possible. It can be tempting, while immersed in an emotionally fueled termination of a relationship, to want to escape and let the outcome decide itself without much regard for the

Exercising your child custody rights, as a father, begins as soon as you decide to terminate your cohabitation with the other parent. Determination of new living arrangements and scheduling of a shared custody agreement can and should be enacted consensually whenever possible.

It can be tempting, while immersed in an emotionally fueled termination of a relationship, to want to escape and let the outcome decide itself without much regard for the future. But, this is the best time (as hard as it may be) to come to some favorable resolution with the other parent, where both parties agree on the terms of "what is deemed to be fair and reasonable" regarding the children's living arrangements and a shared custody agreement.

Is there a way for a father to exercise his child custody rights "after" custody has already been granted?

Yes! But there may be some stipulations set forth by law.

For instance:



Divorced fathers often wonder if there is a time limit before they can exercise their custody rights and go to court in order to try and regain custody of their children.



A change in custody is regulated by the laws of the state; these laws also oversee the "modification of custody" requirements and how soon custody can be challenged once it is placed.

Fathers seeking custody of their children should seek legal guidance, specific to the state in which they live, to insure that they are in compliance with all state custody demands, and are aware of any timetables or schedules that must be adhered to.

Most states allow a modification in custody when the "parent with custody" has a change of circumstances in their life that could adversely affect the children. This could include living conditions, new relationships, neglect, or any negative influence upon the children that has gone unaddressed or unmanaged.

Unfortunately for the challenging parent, the parent with custody must be "proven" to be, in some way, a detriment to the children while they are in their custody. It is not a determination any longer of which of the two parents can provide a better living environment. This was determined when settling the divorce.



This is the main reason it is imperative that fathers exercise their child custody rights from the very beginning.

What is the criteria for a "custody modification"?

Very simply, the judge presiding over the custody hearing will be considering only two reasons to approve a modification.





Why do the children need to be removed from the custodial parent's care?

Is the petitioning parent's ability to care for the children deemed worthy for placement of custody?



Once again, it is very important to have proper legal counseling to get the custody modification enacted in the father's favor.



It is possible, after being presented with compelling reasons, that the judge agrees and revokes the original custody agreement and removes the children from the original parent awarded custody. But, if the judge does not find the father fulfilling the necessary criteria for custody either, he may award custody to a third party (grandparents etc.).