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What Rights Does the Father Have During Divorce in CT? │ Heidi Opinsky Law

The Father Has Several Rights Regarding their Children in a Divorce Case

When we look at the national average, statistics show that fathers receive only approximately 35% of custodial time with their children. However, as the years pass and family dynamics continue to change, more fathers are becoming custodial parents. In the last decade, fathers becoming custodial parents has risen from 16% to 20% of cases. (1)

Though mothers are often given more time with their children, this is not the default and varies from case to case. Fathers also have significant rights over their children. Despite what some people believe, you generally do not have to prove that you are the father of your child before you get access to your parental rights. This is especially the case if you were married to your child’s mother when she was pregnant, or if you signed a paternity form at the hospital or the Connecticut DSS.

If the mother does not agree with you regarding who the father of the child is, then the court will likely ask you to complete a paternity test before you have the right to see your child or before your duty to pay child support begins.

The Right to See Your Child as a Father

As their biological father, you have the right to see your children even when you are behind on child support payments. Though it is important for you to make your child support payments, not paying them does not take away your right to see your children. You additionally have the right to have your child support order changed if your income or the income of the mother has changed.

The Right to Have Custody

As the father, you also have the right to fight for the custody of your children and to visit them regularly. In low-conflict divorce cases, parents are able to work out a parenting plan without the need for lawyers and the court system. However, it is highly recommended that you get in touch with a qualified family lawyer before signing any agreements so you are not taken advantage of in any way, and so your rights are prioritized.

If you cannot work out a fair custody schedule on your own, then you will have to take matters to court so a judge can decide for you.

The Right to Protect Your Children

If the mother of your children is putting them up for adoption or is harming the children in any way, you have the right to prevent her from doing so. The safety of your children always comes first, and if you are having a hard time proving abuse, you should contact an attorney so you can begin working on a case right away.

Your child’s mother also cannot move far away with your children without first consulting with you or going through the court. If the move is necessary, the court will decide on a proper custody and visitation schedule.

Reach Out to a Family Lawyer for Help with Your Custody Case in CT Today

If you are a father and you are struggling in a custody battle, you should make sure to get in touch with a family lawyer as soon as possible to get help with your case.

Contact family lawyer, Heidi Opinsky, at the Law Offices of Heidi Opinsky, LLC, today to improve your chances of getting proper justice for yourself and your children.

Visit our website to send us a message or call 203-653-3542 now and we will get back to you as soon as possible.


1. https://www.justgreatlawyers.com/legal-guides/child-custody-statistics