It used to be that men had a difficult time establishing their rights to their children after a divorce or from a committed intimate relationship (CIR). The so-called “maternal presumption” meant that children were automatically given to the mother, regardless of whether this was good for the parents or the children. Today, judges take more consideration for fathers’ rights under the best interests of the children standard.
However, fathers still need help to have their voices heard in family court. Unmarried fathers and stepfathers have extra hurdles to jump to obtain custody and visitation with their children. At Lutz & Associates, P.S., our compassionate family law attorneys work with fathers to ensure they have equal access to their children. Family law is all we do, which means we have nearly 30 years of experience to support you in your goals.
Do All Fathers Have Equal Rights to their Children?
Legally, fathers have the same rights to participate in their children’ s lives as mothers. However, fathers must prove their paternity to have a paternal right to their children. In Washington, a man is a presumptive father to a child according to certain circumstances, under the Revised Code of Washington § 26.26A.115. These include:
- The man is named as the father on the child’s birth certificate
- The man signed an affidavit of parentage at the time of the child’s birth
- The child was born not less than 300 days after the end of the marriage or partnership
- The man was married or in a CIR with the mother at the time of the child’s birth
- The man lived with the child for the first four years of the child’s life, and openly declared himself as the child’s father
Our dedicated fathers’ rights lawyers in Kent could help you determine parentage and the legal right to your children while prioritizing your children’s safety and minimizing conflict between you and your co-parent. Establishing paternity and enforcing a father’s legal rights could lead to increased parenting time, child support obligations, and other parental responsibilities under the law.
How Fatherhood Assumptions Affect Child Custody Cases
Originally, the “maternal presumption” stemmed from the old belief that men were the “breadwinners” in the family, and thus would never be home for their children. Today, both parents likely work and recognize the need to help their children and effectively co-parent after the end of a relationship.
Our Kent father’s rights lawyers can help divorcing or single fathers overcome any lingering prejudices a judge may have by showing how they are dedicated to a working schedule and lifestyle that supports their children’s needs. Courts already acknowledge that both parents must be present in their children’s lives, and fathers can make a good impression by working with their attorney and the courts to strengthen their ties with their children.
Get Legal Advice From a Kent Father’s Rights Lawyer
A breakup is never pleasant, but it is hardest on the ones who have little or no say in the matter: your children. By speaking to a Kent father’s rights lawyer, you are taking the next step to establishing your parental rights and doing what is best for your children.
The attorneys at Lutz & Associates, P.S. have been working with clients around Washington since 1997. We understand the stresses that divorce, separation, and other family conflicts put on you, and we work to make things as stress-free as possible. Our attorneys are experienced in handling all facets of family law, and we want you and your family members to succeed. We would love to speak with you. Call us today for a consultation at (206) 672-9291 or fill out our convenient contact form online.
