Charlotte Fathers' Rights Attorney

Defending Fathers' Rights in Mecklenburg County

Whether you are a father who is fighting for custody of your child or a father who is seeking to establish your parental rights, you may feel overwhelmed by the legal process and unsure of the best way to proceed. At Rech Law, P.C., we are dedicated to helping fathers navigate child custody cases and other family law matters and work to ensure that fathers are treated fairly and are granted the same rights as mothers in family law matters.

Contact us online or call (704) 659-0007 to schedule a consultation with our Charlotte fathers' rights attorney.

Understanding Your Rights as a Father

As a father, navigating the legal landscape surrounding parental rights can be daunting. It's essential to understand not only your rights but also the resources available to help you advocate for yourself and your children. At Rech Law, P.C., we are dedicated to empowering fathers by providing clear, actionable information about their legal standing.

Here are some key rights that every father should be aware of:

• Right to Participate in Decision-Making: Fathers have the right to be involved in important decisions regarding their child's education, health care, and welfare.
• Right to Child Custody or Child Support: If you are the custodial parent, you have the right to receive child support to help provide for your child's needs.
• Right to Visitation/Parenting Time: Fathers are entitled to a fair amount of parenting time, which is crucial for maintaining a strong relationship with their children.
• Right to Legal Representation: You have the right to seek legal counsel to ensure your rights are protected throughout custody and support proceedings.

How Does a Father Establish Parental Rights?

There are several ways a father can establish parental rights in North Carolina. The most common method is when the father is married to the mother at the time of the child's birth. In this case, the father's name will appear on the birth certificate and he will have immediate parental rights. If the father is not married to the mother at the time of the child's birth, he will have to file for paternity to establish parental rights.

In addition, a father can seek to establish parental rights even if he is not listed on the child's birth certificate. This can be done through either a Voluntary Paternity Acknowledgment or a Court Ordered Paternity Suit. In a Voluntary Paternity Acknowledgment, the father can fill out a form to acknowledge his paternity of the child. In a Court Ordered Paternity Suit, the mother or a third party can file a lawsuit to obtain a determination of paternity. Once a father establishes parental rights, he will be granted full parental rights and responsibilities, including custody and visitation.

How Fathers Can Protect Their Parental Rights in North Carolina

1. Establishing Paternity

For unmarried fathers, establishing paternity is a critical first step in securing your parental rights. Without establishing paternity, you may not be granted the right to seek custody or visitation, and you may not be eligible for any involvement in major decisions regarding your child’s welfare. Establishing paternity also provides fathers with the ability to pursue child support.

2. Child Custody in North Carolina

When determining child custody in North Carolina, the court will consider the best interests of the child when making a decision. This means that the court will look at the child's physical, emotional, and intellectual needs and the ability of each parent to meet those needs. 

When deciding the best interests of the child, the court will take into account the child's relationship with each parent and any other person who impacts the child's life (e.g. grandparents, other relatives, etc.) as well as the child's needs.

While the court will generally grant custody to the mother, this is not always the case. The court will look at all of the facts and circumstances of the case and make a determination based on what is in the best interest of the child.

As a father, you have the right to seek legal and physical joint custody or visitation and to be actively involved in decisions regarding your child’s well-being.

• Legal Custody: This refers to the right to make significant decisions about a child's life, such as decisions about education, health care, and religious upbringing. Joint legal custody means both parents share this decision-making authority, while sole legal custody grants these rights to one parent.
• Physical Custody: This refers to where the child lives and the day-to-day care of the child. Physical custody can be joint or sole. In joint physical custody, the child spends significant time with both parents. Sole physical custody means the child primarily resides with one parent, with visitation granted to the other parent.
• Visitation Rights: If one parent is awarded sole physical custody, the other parent is typically entitled to visitation rights. The court will determine an appropriate visitation schedule that serves the best interests of the child.

3. Child Support

Child support is another important issue for fathers involved in custody or visitation disputes. Fathers, like mothers, are responsible for financially supporting their children. In cases where parents do not agree on child support, the court will issue a child support order based on the income of both parents and the needs of the child.

In many cases, fathers seeking custody or visitation may also be required to pay child support. Conversely, if you are granted primary custody of your child, the other parent may be required to pay child support. The amount is determined based on state guidelines, which take into account both parents’ incomes, healthcare needs, and other factors. 

4. Modifying Custody and Visitation Orders

After a custody or visitation order is established, there may come a time when modifications are necessary. For example, a father may want to modify an existing order to increase visitation time or to adjust custody based on changes in circumstances, such as a relocation, changes in the child’s needs, or changes in the father’s circumstances.

In North Carolina, you can petition the court for a modification of the custody or visitation order, but you will need to show that a substantial change in circumstances has occurred since the original order was made. Modifications are typically granted if they serve the best interests of the child. An attorney can help you build a case for a modification and present the necessary evidence.

Why Choose Rech Law, P.C.?

Navigating the family court system can be overwhelming, especially when your rights as a father are on the line. The attorneys at Rech Law, P.C. are committed to helping fathers protect their parental rights, assert their custody and visitation interests, and ensure they maintain a meaningful relationship with their children. We have a deep understanding of North Carolina family law and are dedicated to fighting for fathers who want to be involved in their children’s lives.

We offer personalized legal representation, tailored to your unique situation, and we will work diligently to help you achieve the best possible outcome in your case. Whether you need help establishing paternity, fighting for custody, or seeking a modification of an existing order, we are here to guide you through the process every step of the way.

Whether you are fighting for custody of your child or are looking to establish your parental rights, we can help. To schedule a consultation with our Charlotte fathers' rights attorney, contact us online today or call (704) 659-0007.