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Father’s Rights

Since many parents are divorced or unmarried today, it is becoming more common for fathers to be involved in child-rearing and family planning. When a relationship ends and separation follows, the priority is always the stability and safety of any children involved. 

Some may believe that a father will never get custody of his child. In fact, a male partner may not fight against a ruling or before one is issued since he believes he has no legal rights. Since most fathers are unaware of their rights, it is imperative that the father is entirely aware of what rights he has in these circumstances if there is a legal complication.

Fathers’ Rights Overview

After the separation, fathers often struggle in attempting to gain equal parenting rights. In worst cases, the father is barred from seeing their child. This is wrong since fathers have the right to be a part of their children’s lives in a meaningful way and on a regular basis.

Fathers’ rights also include parenting time with his children, the right to be consulted before adoption, and the right to time off from work to raise his child. Here is a list of the rights that a father has:

  • Visitation Rights for Unmarried Fathers
  • Child Support Reform
  • Father’s Rights to School and Medical Records
  • Father’s Rights to Adoption
  • Fathers’ Rights Before Birth
  • Fathers’ Rights and Abortion
  • Father’s Rights and Access
  • Father’s Rights and Custody 

In reality, there’s really no such thing as the “rights of a father” or the “rights of the mother.” Both parties have the same rights. In a custody battle, the parent who will be given custody is determined by the child’s best interest. The court shall be granted custody of the children after the separation or dissolution of a marriage.

  • Recognizing Unmarried Father's Rights

    • Child custody is not awarded to the father until paternity is verified.
    • To get custody, the unwed father should establish the paternity of the child.
    • If you have proven your paternity, the court will grant you the privilege of raising your bloodline.

  • Recognizing Married Father's Rights

    • Parenting time with his children
    • The right to be consulted before the adoption
    • The right to time off from work to raise his child

Child Custody Factors

Child custody is based on several factors, including the best interest of the child. Parenthood may be more suited to one parent than the other. If this is the case, the court may need to step in and decide on the best custody and visitation arrangements. A father will need to provide evidence to satisfy the court regarding your involvement in the child’s life. 

Some examples of evidence a father needs to have so that he can prove that he is capable of raising the child include:

  • Witnesses
  • Journals
  • Emails and text message
  • Photographs, videos, audio recordings, 
  • School reports
  • Insurance or medical bills

What Are the Child Custody Rights of Unmarried Parents?

Learn More

Tips on Winning Father’s Rights

The judge usually gives the responsibility of being the custodial parent to the mother since the men are yelling more than the women and remain hot-tempered. However, as a father, you will certainly want to keep your child with you most of the time. 

Whenever a father is going into court for a custody battle, it is best to remember these valuable tips to win custody of a child:

  • You should always act smartly rather than blaming your partner. Doing so will indicate that you are a very rude parent, and your child may learn all this from you.
  • Avoid getting involved in a conflict. Rather than escalating the conflict, try to resolve it.
  • Instead of focusing on your partner or spouse, put your attention on your child. If your spouse makes a false claim against you, you will lose the chance to obtain your child.
  • Don’t make trouble for your child’s mother. If you want to make any decision for your child, you will need to communicate with her. It is also possible that you will get the chance to be in a co-parenting relationship.
  • Make contact with the childcare and parenting classes that are available at each of the centers. Be aware of it for the sake of getting custody of your child, and not just to know about it. Learn it so that you can raise your child correctly and become a good father. Help your child with assignments, homework,  and other projects.

As much as possible, a father should try to avoid these common mistakes:

  • Moving out of the home where the children live
  • Living in a messy house or a studio apartment
  • Not holding down a steady job
  • Not fighting against trumped-up order of protection charges started by the mother.

Important Legal Terms about Father’s Rights

Guardianship Guardianship is a court-ordered relationship where an adult is appointed by the court to care for a minor child (“ward”) whose circumstances require it and decide about the child’s education, support, and maintenance.
Father’s Rights and Access Access is the legal term for the right of the child and parent to spend time together. Although they may not have a role in making decisions, a parent with access has the right to receive information about the child’s education, health, and well-being.
Father’s Rights and Custody Custody is the legal term for the right of a father to take care of a child and make decisions about the child’s education, support, and maintenance.
Child’s Best Interest In the context of child custody cases, focusing on the child’s “best interests” means that all custody and visitation discussions and decisions are made with the ultimate goal of fostering and encouraging the child’s happiness, security, mental health, and emotional development into young adulthood.


We understand that you want what is best for your children. Don’t wait to assert your rights as a father. Call our experienced family lawyers at Gelman & Associates today to know more about father’s rights.

Pro Tip – Father’s Rights

To win custody of your child, don’t argue with the mother of your child. Instead, be more sensible and kind. Know that you might end up having a codependent relationship with her during the separation.


How Can a Family Lawyer Help in This Situation

Still thinking about how a lawyer can help in a custody battle? Here are some reasons why you need one:

  • Family lawyers deal with issues related to child custody, child support, spousal support, and all other matters related to a family. 
  • Family lawyers will gather all the necessary information like your high gross income, a good standard of living, and others to prove that you would be the best parent to give your child the best future. 
  • In some cases, fathers’ visitation rights can be very complex and require the help of a skilled family lawyer with fathers’ rights expertise, who can inform you of your rights and help you fight for your rights as a father.

Get In Touch With Experienced Family Lawyers from Gelman & Associates

Dealing with separation, divorce, or child custody and access can be some of the most stressful events of a person’s life. At Gelman & Associates, we strive to make this experience easier by empowering our clients to make informed decisions.

Our lawyers guide our clients through Ontario’s family law system with compassion and understanding while still aggressively protecting their rights. With offices throughout North York, downtown Toronto, Mississauga, Scarborough, Aurora, and Barrie, we are just a short distance away in any direction.

Contact Gelman & Associates today to meet one of our experienced family law lawyers. The latter will work on your behalf to achieve the best possible resolution to your family law matter. Call us at (844) 769-0737 or 1-844-769-0737 or contact us online for an initial consultation.

Father’s Rights FAQs

Suppose one of the parents does not follow the court’s order. He or she may be called to court and explain why she wasn’t able to uphold the initial agreement. If his or her reason isn’t valid, the court may change the earlier deal, and it may favor the other parent.

No. You won’t automatically have rights over a child even if you establish paternity. You’d still have to prove to the court that you are worthy of having rights over your child.

No. The law does not favor mothers over fathers in divorce proceedings. The judge will base his decision on the evidence laid out by both parties.

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