A father has parental authority over his child. Parental authority is the set of rights and obligations that a father has that let the father decide for their child until they turn 18.
In divorce cases, the judge understands that the child needs the love of both mothers and fathers. Therefore, the decision of custody and visitation rights is awarded to each parent, keeping the “best interest of the child” in mind.
In a rare case, the rights awarded to the parent to decide for their child can be terminated. Read more to know when a parent or a Father loses parental rights.
When does a Father Lose Parental Rights?
A father can lose all or part of his parental authority. Only a judge has the power to make such a decision. In legal terms losing parental control is called “depriving.” Refer here for more information.
The father’s parental authority can be taken away after an “application of deprivation of parental authority” is presented to a judge.
Such an application must show the below two things.
- Taking away parental authority from the parent is in the best interest of the child and,
- The reason is severe and legit for taking away some or all parental authority.
The law doesn’t mention the exact meaning of serious reason; however, as per the judges, the serious reasons include when parents put their child in danger or when parents fail to carry out their duties towards the child. Therefore, there is no legitimate explanation for the same.
Parents have lost their parental authority in these types of situations.
- Cruelty
- Sexual abuse
- Violent and
- Parent abandoned the child
Consequences of Losing Parental Authority
The parent loses some or exclusive rights over their child. For example, they don’t have the right to decide on their child’s education, where they should go for extra classes, even losing the right to visit and spend time with their child when exclusive rights are taken away by the judge.
Even after losing some or complete parental authority, the parent must pay for their child’s needs by making child support payments.
How to Get Back the Parental Authority?
A father or a parent who has lost all or part of their parental authority can ask a judge to get it back, and the judge can grant back the same on the following grounds. Click here to know more.
- The problems are settled.
- The parent is capable of taking on their responsibilities
- The child won’t be harmed if the parental authority is given back
- Significant changes have been made in their lives to get back the parental authority
What is a Father’s Rights to his Child?
Most of the fathers are unaware of what rights they have. Most fathers in the United States still believe that the mother's rights are more than Father’s. The truth is both parents have equal parental rights. Click here to seek help if your rights are abused.
What are the fundamental rights of the Father?
In every state of the United States, a biological father is awarded the following rights:
- To request custody of a minor child
- Right to be involved in a child’s life on a meaningful and regular basis
- The right to decide for their child until the child turns 18.
- To receive child support if the father has been granted custody
- The visitation rights if the father is not awarded with the possession of the child. Visitation rights include the right to be free of any unnecessary interference or control by the custodial parent during visitation times. (Click here to know more.)
To Conclude –
Most fathers are unaware of their parental rights and what needs to be done when they lose their rights. It is essential to seek a family lawyer to guide and protect your rights. If a violation has occurred, a legal representative is needed to assist in resolving the matter.
