What Rights does the father have if the Mother has sole Custody?
Child custody is one of the issues that arise with the separation and divorce of a couple. There are chances that parents do not know their rights and responsibilities towards their child, and they end up being uncertain about the welfare of their child/children. By the time of separation or divorce, the parents have to make significant decisions on the legal custody, physical custody, joint custody, and sole custody of their child. Family law solicitors in Manchester advise, if parents are getting into a dispute while deciding, they can arrange for a meeting with expert lawyers.
What Is Sole Custody?
Sole custody is the legal and physical custody of the child given to a single parent. Only one parent gets the complete responsibility to make crucial decisions for the child. And the child lives with this parent who has given all the rights.
Rights of a Father if the Mother has Sole Custody?
As in sole custody, a single parent gets the rights, and the other parent remains despaired of the significant rights and responsibilities towards the child. But not all authorities and rights are snatched away from the non-custodial parent. If the mother of a child gets the sole custody, a father will have the right to:
1- Visit The Child:
A father’s visitation right allows a father to visit his child and append some time with him. Although the custodial parent has to decide which time and place is appropriate for the meeting, both parents can decide on what is feasible for the child and father. This right enables a father to meet and spend some time with his child, as much as the child spends with the mother. But this right is limited to visit only, which should not be confused with the right of taking your child to live with you. The rights under the father’s visitation right allow you to :
a- Visit the child at a designated time.
b- To be free from the supervision of the custodial parent- the mother- during the visit.
c- To spend the entire specified time.
d- To enjoy activities with the child.
2- Pay For The Child’s Support:
Sole custody does not void a father from paying for a child’s support. The father, who is the non-custodial parent, can pay for the child’s education, medical expenses, and extracurricular activities.
3- The Right To Spend Holidays With The Child:
A father without parental responsibility can ask the court to grant him parental responsibility. Only then can he take his child for the vacations abroad. But he has the right to spend a holiday, within the city, as per the father’s visitation rights. Remember, it requires permission from the mother, who has the right of making decisions for the child.
4- Right To Report Any Neglect Or Abuse By The Sole-Custodial:
The father has the right to report and appeal in court about any neglect or abuse by the mother. The father can make a plea if he has much evidence to prove his allegation.
Can A Father Take Full Custody Away From A Mother?
The court never prefers to give sole custody to any parent rather affirms to settle on joint custody unless sole custody is most favorable in the child’s interest. A father can get sole custody only if the child has a good relationship with the father and a weak relationship with the mother. A father can easily get full custody if the child wishes to live with him and confesses it in front of the court. A father has to keep in mind that taking custody away from a mother does not mean that she will no longer meet the child. The court provides visitation rights to mothers as it is better for the child.
April 19, 2021