Legal Rights as a Single Father
As with any parent, the legal rights of single dads depend on their individual circumstances. Nevertheless, there are certain fundamental rights, as set out in the law, to which all single fathers are entitled. Here’s an overview of what you should know.
Child Custody
In nearly all cases, courts recognize that it’s in the best interests of children to maintain a strong relationship with their fathers. It’s therefore natural that most judges prefer to award joint custody to children whose parents are no longer romantically involved. This means that both parents continue to be responsible for the everyday decisions relating to their child. Joint custody usually also means that the child will continue to spend equal time with both parents, although this may be modified depending on the child’s needs.
You have the legal right to a fair custody hearing. If you believe the hearing was unfair or biased in any way , you may be able to appeal the decision regarding custody. A judge may terminate your parental rights if severe abuse can be proven.
Child Support
Most states require divorced or separated parents to pay monthly child support to help cover the cost of raising their children. Your spouse’s income, the child’s age and the custody agreement you have in place will all affect your child support order. In the majority of cases, the non-custodial parent is the one who pays child support each month.
While the amount you pay will vary from case to case, you have the legal right to see a full breakdown of necessary childcare expenses. This will help clarify exactly where your money is going each month. If you have a sudden change in circumstances—such as a job loss—you can petition to lower your child support payments.
How to Find Legal Aid for Custody Disputes
For the most part, low-income individuals are eligible for legal aid in civil cases. The next step is for the recipient to learn how to take advantage of legal aid for custody disputes. The rules and how to gain these services change from state-to-state but understanding the process and timeline is the tricky part.
In California, legal aid services are available to anyone, often free of charge. Legal Aid of California provides a programming services website for parents across the state who are experiencing custody battles. You’ll be provided with information on your rights while you’re asked questions about how you are impacted by the situation. You’ll then be given specific instructions on how families like yourself have been able to navigate through similar situations. You’ll also have direct access to mediators who will help partners settle on temporary or permanent parenting arrangements.
State legal aid associations that are non-profit organizations don’t discriminate against age, disability status, or anything else about a person. As a low-income individual, one of the first steps you’ll take is to request legal aid services. Your eligibility is then determined. Many forms of legal aid require you to be living at or below the poverty level as defined by that state. Once eligibility is determined, you’ll be assigned an attorney who will represent you throughout the entire process.
Legal aid programs may be offered in a variety of ways, including representation in court or a public defender being made available to the individual. If you care for a child without a partner, for example (also called a non-custodial parent), and they’d like to seek full or joint custody, a lawyer will represent your needs in court.
Legal aid services are free. In the event that you’re eligible, you won’t be expected to pay anything. If you face a very serious jail sentence or there’s a threat of incarceration, a public defender will be assigned to you to represent you in court. Public defenders are free as well, so you won’t pay fees for a defense attorney if one is required for your case.
Legal Assistance at No Or Low Cost
Although navigating the legal system can be a traumatic experience for single dads, there are a number of resources available to help unmarried fathers and ensure their voices are heard in legal matters. Some of these legal aid sources even assist dads who are unable to pay even a nominal legal retainer to get started.
Legal Aid Societies: Many states have statewide legal aid societies that specifically address the legal needs of low-income families. These statewide nonprofits coordinate the work of smaller community legal clinics and refer clients to the most appropriate location based on geography and particular need. They typically focus on family law issues such as divorce, child support and domestic violence, but many also have general practice departments that can offer legal assistance in civil matters.
Nonprofit Organizations: A variety of nonprofit organizations and foundations offer legal aid to low-income families and individuals in need of representation. Some nonprofit groups focus on family safety and will offer free legal help to domestic violence victims. Others are more general in nature, but can refer you to a source of legal aid once the group learns about your pressing legal needs. These groups typically require a modest annual fee to get started, but because they are nonprofit, the overall services offered are inexpensive or even free.
Community Legal Clinics: A growing number of law schools throughout the country offer free legal services by students enrolled in legal clinics. While the clinic students are learning, clients can receive free representation in various legal matters. These clinics provide free legal aid to clients that qualify for their services, but capacity may be limited based on the number of students available in any given semester.
Other Options: Some counties and cities provide legal aid through government-funded agencies. Some communities offer low-cost legal aid directly through the area’s bar association. The local bar association may offer a pro bono program that connects low-income individuals with attorneys willing to provide free legal advice or representation in civil matters.
Navigating the MFA of Child Support Law
While the custodial and non-custodial parent are courts assigning child support, child visitation, and medical insurance responsibilities to the custodial parent, many times the non-custodial parent may have to make their own child support arrangements with the custodial parent. Since child support is based on a sliding income scale, there can be income inequalities. The amount of child support that a custodial parent may demand can be limited by the income of the non-custodial parent.
If the custodial parent has superior income or wealth, the non-custodial parent may lose adequate visitation and parents are required to pay child support, but the non-custodial parent may not be able to provide for themselves or their children financially.
Legal Aid may offer help for low-income fathers who need legal advocacy during child support hearings or negotiations. Legal Aid advocates may attend child support hearings and develop a strategy for collecting back child support that has not been disbursed from the custodial parent. It is important to understand that both the father and mother have identical obligations in adhering to child support guidelines, but men are disproportionately more responsible for paying greater amounts of child support even when fathers are solely responsible for their children.
If you are a sole provider for your children and are in the process of seeking legal assistance, legal aid offices may offer resources and legal advice. Many men work multiple low-paying jobs, attempting to decrease parental anxiety over the lack of income, but since men earn less than women, they are often subject to larger deductions in their child support. Many times men simply cannot afford the current amount of child support they are being required to pay. If you believe that you cannot afford your payments, it is important to contact the child support office in your area; they may be able to assist you with your case.
Legal Aid for Fathers Stood Up To
Legal assistance for single dads facing discrimination exists in a number of forms. You may be able to receive direct representation or assistance from the legal aid office in your area, or you may be able to obtain free or low-cost advice from the aid office or an affiliated pro bono lawyer. Accessing judicial remedies for discrimination is also something that may be possible for you, depending on the specific laws in your state.
A number of laws exist that are in place to protect against discrimination:
Provision of services. Under state and local antidiscrimination laws, you may be able to receive legal aid to help you obtain public accommodation or fair housing services if they have been denied to you on the basis of status as a single father. You may also be able to get legal aid to help you if a landlord or bank unlawfully denies you a lease or mortgage.
Employment discrimination. You may be able to receive legal support for a case against an employer which has denied you employment , unfairly terminated your employment or subject to harassment based on your status as a single father. You may also be able to obtain legal aid to assist you in seeking wage relief if you are denied wages because of your status as a single father.
Child custody proceedings. In child custody proceedings, you may be protected under state laws from discrimination based on your status as a single father. You may be able to receive legal aid to assist you in helping to seek judicial remedies for unfair treatment in child custody proceedings, or to otherwise obtain representation in a child support or child custody dispute.
Tips for Working with a Legal Aid Solicitor
The laws and regulations governing the process of resolving family law issues such as custody can be complex and overwhelming. However, legal aid services provide relevant legal information to help single dads navigate these processes. These resources also allow fathers who may not be able to afford to retain private legal counsel access to useful legal aids.
It is important to me that my clients feel confident in their case and don’t feel lost, as I did when I began working on my own case. I spend a good deal of time educating my clients about the various processes involved in an issue. At the same time, though, my job doesn’t end with educating my clients. At NLS you will find legal professionals who are committed to being with you every step of the way. We want you to understand the law, your rights, and the steps you can take to resolve your case.
When you walk into a legal aid clinic, you should know the following: A legal aid attorney will not take over your case from you. They will not do the legwork for you. A legal aid attorney provides you with information about the law and your rights. They will work with you to give you the tools you need to get the best outcome you can on your case.
Success Stories
Let’s take a look at a couple of real-life scenarios where legal aid has had a profoundly positive impact on the lives of single dads.
The Divorce Settlement: One incorrigible boyfriend leads to a divorce settlement that favors a single dad. Mark W., a single dad from Denver, needed help when his live-in girlfriend decided she wanted out of the relationship after four years of living together. She moved out of their home, and Mark was left with their son. His ex-girlfriend initially claimed she was entitled to half of everything they purchased during the relationship, including the family home. Mark found a volunteer attorney who helped him find a flaw in her argument. The law in Colorado doesn’t provide unmarried couples the same rights as married couples, which meant she had no claim on any property acquired by Mark prior to their relationship. Five years and $200,000 in legal fees later, Mark was convinced he wouldn’t be able to uncover anything that proved his live-in girlfriend wanted to be equally responsible for financially supporting their son. Mark’s attorney was able to prove the entirety of child care expenses without his ex-girlfriend’s help, ultimately handing over the full $60,000 Mark was seeking in child support payments alone — nevermind a settlement in the family home they acquired years earlier. "They explained the intricacies of the law to me in a way I could understand," says Mark. "They were concerned about the welfare of my child, not my assets. I never thought I’d see this outcome."
The Parental Rights Battle: A single dad gains custody of two middle-school-aged sons . "What can a father do when he’s blindsided by something like this?" asks one father who was forced to surrender custody of his two teenage sons three years ago. Alex T. had his world turned upside-down when his estranged wife of 13 years decided to move across the country, taking their twin boys with her. His wife was the primary breadwinner throughout their marriage, while Alex was a stay-at-home dad for years with little connection to the business world. After years of her being the primary caregiver and breadwinner, Alex didn’t know the first place to start in order to regain custody of his young children. "I can prove she abandoned the boys by moving across the country without following the proper channels, but how can I financially protect myself, if I can’t legally stop her from doing so?" A local legal aid society was able to step in to help Alex create a plan of action, which started with the collection of child support payments, aiming to get that set up as soon as possible. Although Alex hadn’t worked in more than a decade, the legal aid society was able to help him create a plan to build up his resume, learn how to navigate the online job market and network within his community to find a salary raise while simultaneously gaining sole custody of his sons. "My boys mean everything to me," Alex says. "I never thought I’d see the day my ex would try to keep me from them. Thanks to legal aid, I’m involved in their lives and am now the primary breadwinner. I’m the man I need to be for my sons."