• When courts consider the custody of a minor child, the best interests of the child always prevail. However, there are guaranteed rights--both together and individually--for the mother and father of every child. No other person, including the mother of the child, has the authority to interfere with a father's legal parental rights.
  
  

Children's Rights

• The physical custody of a minor child is arguably one of the most contested issues in family courts. The courts consider the rights of the child more important than the rights of the parent. A decision ruled against a father, but one that is made in the best interest of his child, is not a violation of the father's rights.
  
  

Physical Custody

• When determining which parent should take primary custody of a child, the first consideration is the child's living situation prior to the custody dispute. If you were the primary breadwinner in the family while the mother stayed home with the child, for example, the judge will most likely award the mother primary custody. This is not a reflection on your abilities as a father; it is done to limit the disruption of the child's life, as awarding custody to you would likely interfere with the child's regular daily schedule as it was prior to the dispute.
  
  

Absolute First Right

• Fathers do, however, have an absolute first right to accept custody of a child in the event the mother is either unwilling or unable to do so. No other individual--relatives such as grandparents included--will be considered until a father has had an opportunity to accept custody.
  
  

Legal Custody

• Most states recognize the concept of legal custody and separate it from physical custody. Even if a father doesn't have physical custody, he retains 50 percent legal custody of his child. The mother must include the father in decisions regarding medical care, as well as legal, religious and educational matters, and fathers have a right to exercise their paternal rights to make these decisions on behalf of their children. In the event the father and the mother have opposing beliefs, the mother does not have the authority to overrule a father's decisions. Fathers have a right to petition the court to hear the matter if the parents cannot reach a mutual compromise.
  
  

Visitation

• All states recognize that children are best served by a custody plan that involves the active participation of both parents. For many fathers, this means regular scheduled visitation with the child. As a father, you have a legal right to regular visitation with your child, and she has an equal right to visit with you. The mother has no authority to interfere with a court-ordered visitation schedule, and cannot withhold visitation with your child for any reason, including failure to pay any child support obligations.
  
  

Adoption

• In the event the mother wishes to relinquish the child for adoption, she cannot do so without first allowing the father to assume custody. Further, the mother needs the father's explicit written consent before she may give up the child for adoption to anyone else. If the mother attempts to relinquish the child for adoption without the father's permission, and succeeds in doing so, the father has a right to petition the court to immediately dissolve the adoption and resume his position as the child's legal father.