What are Fathers’ Rights in Boise Idaho?

Fathers’ rights include the right to spend time with your child as their primary caregiver and the right to make important decisions on behalf of your child.

In the past, family courts were known to favor mothers in family law decisions, and as a result, many fathers believe that they are already at a disadvantage. However, this is no longer the case. Family courts are required to make decisions based on the best interests of the child, and not the gender of the parent.

Although mothers and fathers should be treated equally, it does not mean that bias’s no longer exist. That is why it is important to have the support of an experienced Boise father’s rights lawyer who can advocate for your rights.

If you need help establishing your father’s rights, then you should speak to one of the father’s rights lawyers from Idaho Divorce Law Firm today. Whether you need help establishing paternity, fighting for custody, divorce proceedings, or other family law matters, we can help.

Our founding attorney, Joe Frick, has the highest possible rating on AVVO, an independent review site that rates attorneys based on client reviews, awards, years in service, and more. His other awards include Top 40 under 40 from The National Trial Lawyers and Best Divorce Lawyers in Boise, ID, from Expertise.com. Regardless of the complexity of your case, we have the skills and dedication necessary to help.

Arrange a consultation with an experienced lawyer today at 208-314-3302.

What Is Paternity?

In order to claim fathers’ rights, you may need to establish paternity. Paternity is the legal status of fatherhood, which gives fathers rights and responsibilities towards their children.

There are three ways to establish paternity:

Married Couples

If you were married to your child’s mother when they were born, then you will automatically be granted paternity. However, if you were not married, then you will need to establish that you are the legal father of the child.

Voluntary Paternity

If both parents agree on who the father is, then both parents can sign a Voluntary Acknowledgment of Paternity, which is a signed and notarized acknowledgment with the Idaho Department of Vital Statistics unit of the Department of Health and Welfare. This can be completed at the hospital when the child is born

If paternity is not established at the hospital, then only the mother’s name will be put on the child’s birth certificate. However, the form can be obtained from the Vital Statistics or Child Support Services Office and completed at a later date.

Court Order

If the parents do not agree to sign an acknowledgment of paternity, then either party can seek the help of a lawyer. Paternity proceedings may involve a DNA test to establish who the biological father is and a court order.

Benefits of Establishing Paternity

There are many benefits to establishing paternity, both for the father and the mother and child. The father benefits from having the right to spend time with their child as their primary caregiver, known as physical custody, and may be granted the right to make important decisions on their child’s behalf, known as legal custody.

The mother could benefit from shared parental responsibilities such as shared parenting time and shared financial responsibilities. If the mother is the custodial parent, meaning that the child spends the majority of their time with them, then they may be owed child support payments from the father.

Perhaps the biggest benefits are to the child, who has the advantage of having a close relationship with both parents. They will benefit from both emotional and financial support. The child may also benefit from having access to their medical history from both parents, the right to inheritance, and potential benefits such as health insurance.

Child Custody in Boise, ID

It is generally considered to be in a child’s best interests for both parents to remain in the child’s life, which means creating some form of joint custody arrangement.

In Idaho, there are two types of custody, legal custody, and physical custody. Legal custody refers to the right to make important decisions on behalf of a minor child, such as what medical care they receive and what school they attend. Legal custody could be granted to one or both parents, and if it is shared, then you will need to cooperate with the child’s mother to make important decisions.

Physical custody refers to the child’s primary residence and parenting time. Physical custody could be shared equally, or one parent could become the custodial parent, and the other could be granted visitation rights. This type of arrangement is often more practical, especially if one parent has a demanding job and the other has historically taken on most of the parental responsibilities.

However, just because you have historically worked more hours and taken on fewer parental responsibilities does not mean you should not be granted physical custody.

If you are facing a contested child custody case, it is important to seek the help of an experienced attorney. At Idaho Divorce Law Firm, we will help you and your former spouse negotiate a parenting plan that protects your father’s rights and prioritizes your children’s needs. If an agreement cannot be reached, then we will be prepared to defend your rights in court.

What if My Ex-Spouse is Fighting For Sole Custody?

Once paternity is established, you will have parental rights, meaning you should be granted a minimum amount of parenting time. The only reason this would not happen is if you are considered a risk to your child’s well-being, such as a history of domestic violence or substance misuse.

If your ex-spouse is falsely accusing you or if you have struggled with issues in the past that you have now resolved, then our attorneys can fight to protect your father’s rights. We will help you evidence your case to a Judge and advocate fiercely on your behalf.

Child Support in Boise, ID

Parents are legally obligated to provide financially for their children. Usually, if one parent has primary custody, the other will be responsible for child support. However, even if custody is shared equally, a child support obligation could still be enforced. Child support is based on gross monthly income and how much time each parent spends with their child.

We have seen cases where mothers unjustly demand massive payments, and we will ensure that your rights are protected. We will help you find a balance between serving your child’s best interests and protecting your financial well-being.

Alternatively, if you are your child’s primary caregiver, then you may be owed child support. Although it is more common for fathers to pay child support, we will help ensure that a fair decision is reached without gender bias.

What are Fathers Rights in Boise, Idaho? – FAQ