Fathers' Rights to Visitation

Fathers' Rights to Visitation

Introduction

The increased rate of divorce has created the problem of child custody. In these cases one of the parents has the right to keep the custody of child. This creates the problem for the rights of the non-custodial parent. Child Visitation Law is to determine the rights granted to the non-custodial parents and grandparents in the divorce decree by the family law. This decision is on the basis of the welfare for the child. This is considered with defining the conditions, rights and arrangements required for the custody and visitation. The non custodian parent is provided with the rights of child visitation, which determines the schedule and other concerns regarding the visitation. In most of the cases mother is awarded the custody of the child and father allowed the rights of visitation (Clark and Homer, 1988). There are various considerations made to understand the problems regarding the custody by the fathers there are various concerns which do not allow fathers to have the custody of the children. This non- custody of fathers requires the special attention regarding the possession of child and needs to assess the considerations. The increase in the number of divorce has led to the need for the proper measures regarding father's rights in parenting of child. There are various cases in which these non-custodial parents seek justice from the family court. One of these cases in which father struggled for the possession of his daughter in California and the case was brought in the US Supreme Court (Elk Grove Uniform Sch. Dist. v. Newdow, 542 U.S. 1 , 2004).

Discussion

Every year a large number of parents get divorce and as a result the children suffer. There are number of cases there are parent who are not married and in these it creates the problem for the custody of child. In most of the cases it occurs before the birth of child or when the child cannot be separated from mother. In these cases there is problem for the fathers to have the right of visitation. This diverts the special attention towards the fathers' rights movement and rights of visitation (Smith, 2003, p.39-40). This affects the concern for the child custody, visitation, and support in different countries as well as United States. This initiates various legislative changes in the law of United States. There are also various issues regarding the U.S. Supreme Court decisions in defining the rights of fathers to visit their children. In today's environment of constitutional changes there is also issue for the right of equal custody and on the basis of merits. This problem regarding the custody of the child requires the need for the transformation in the rights of fathers. Grossberg, M. (1985) provided this concept as the rights regarding the ownership. It involves the right of biological father which in most of the cases are deprived of their rights visitation.

Non-Custodial Fathers and Rights of Visitation

Some time fathers are allowed the joined custody, but ...