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Your Rights As A Dad
Before the birth
Antenatal appointments are really important and give you the chance to see a
scan of your baby and to support your partner. Unfortunately, you don't have the
right to take timeoff to attend these appointments. Talk to your employer, explain
why they're important and offer to put in extra hours to make up the time if
necessary.
Early Labour
Fathers have the legal right to take unpaid time off work to deal with an
emergency involving someone who depends on them. You can't be penalised by
your employer for taking the time off, providing the reason is genuine. This
includes your partner going into labour or any other emergency around pregnancy.
Paternity Leave
You're entitled to two weeks' statutory paid paternity leave and up to 13 weeks
unpaid leave in the first 5 years of birth. Some companies have their own
paternity leave schemes but if your employer doesn't you're entitled to two weeks'
statutory paid paternity leave. You may also be able to request flexible working hours.
Parental Responsibility
Mothers automatically have parental responsibility (PR) for their children, but it's more complicated for dads. Yet PR is vital for your children's welfare. Without parental responsibility you can't authorise medical treatment for your child and don't have the right to see their medical records.
If you have PR, your child can't be adopted, have their surname changed or be taken out of the country without your agreement. You're automatically entitled to PR if you're married to your child's mother. If you're not married to your child's mother you can automatically get PR provided you register the birth along with the mother. If a mother prevents you from gaining PR, you can seek a parental responsibility order through the courts.
Your Rights as a Separated Dad
Nothing in separation or divorce can be more devastating than the thought of losing your children or missing out on key moments in their life. As a father, you may be concerned that your partner will automatically receive full custody of your children. This is not necessarily true. While it is true that women usually are awarded primary custody of children, ultimately, the courts try to act in the child’s best interest.
It is important that your child has routine and order amidst the chaos and confusion of a divorce. These are not the only things the court will consider when determining child custody, they will also consider things such as how fit each parent is. Keep in mind that while the court is trying to determine what is in the best interest for your child, you too need to keep that at the forefront of your divorce proceedings.
If you are seeking joint custody, where your child can spend equal time with both parents, what is in the child’s best interest will affect how much time is spent with each. For example, it may be in the child’s best interest to live primarily with the parent that lives in the child’s current school district and visit the other parent on weekends. Even though the child is spending more time with one parent, this arrangement would still be considered joint custody. If you decide to seek joint legal custody, both parents must agree upon any major decisions about a child’s life equally. In other words, you both have equal say on major issues in your child’s life.
Please be aware that that it is not straight forward in winning custody of your child. It is important to discuss child custody issues with an experienced divorce solicitor who deals in family law. They will be able to make you aware of your rights as a father and tell you your likelihood of receiving full custody of your children. If it is not likely that you will receive full custody of your children, your solicitor should be able to advise you on your entitlement.
Before the birth
Antenatal appointments are really important and give you the chance to see a
scan of your baby and to support your partner. Unfortunately, you don't have the
right to take timeoff to attend these appointments. Talk to your employer, explain
why they're important and offer to put in extra hours to make up the time if
necessary.
Early Labour
Fathers have the legal right to take unpaid time off work to deal with an
emergency involving someone who depends on them. You can't be penalised by
your employer for taking the time off, providing the reason is genuine. This
includes your partner going into labour or any other emergency around pregnancy.
Paternity Leave
You're entitled to two weeks' statutory paid paternity leave and up to 13 weeks
unpaid leave in the first 5 years of birth. Some companies have their own
paternity leave schemes but if your employer doesn't you're entitled to two weeks'
statutory paid paternity leave. You may also be able to request flexible working hours.
Parental Responsibility
Mothers automatically have parental responsibility (PR) for their children, but it's more complicated for dads. Yet PR is vital for your children's welfare. Without parental responsibility you can't authorise medical treatment for your child and don't have the right to see their medical records.
If you have PR, your child can't be adopted, have their surname changed or be taken out of the country without your agreement. You're automatically entitled to PR if you're married to your child's mother. If you're not married to your child's mother you can automatically get PR provided you register the birth along with the mother. If a mother prevents you from gaining PR, you can seek a parental responsibility order through the courts.
Your Rights as a Separated Dad
Nothing in separation or divorce can be more devastating than the thought of losing your children or missing out on key moments in their life. As a father, you may be concerned that your partner will automatically receive full custody of your children. This is not necessarily true. While it is true that women usually are awarded primary custody of children, ultimately, the courts try to act in the child’s best interest.
It is important that your child has routine and order amidst the chaos and confusion of a divorce. These are not the only things the court will consider when determining child custody, they will also consider things such as how fit each parent is. Keep in mind that while the court is trying to determine what is in the best interest for your child, you too need to keep that at the forefront of your divorce proceedings.
If you are seeking joint custody, where your child can spend equal time with both parents, what is in the child’s best interest will affect how much time is spent with each. For example, it may be in the child’s best interest to live primarily with the parent that lives in the child’s current school district and visit the other parent on weekends. Even though the child is spending more time with one parent, this arrangement would still be considered joint custody. If you decide to seek joint legal custody, both parents must agree upon any major decisions about a child’s life equally. In other words, you both have equal say on major issues in your child’s life.
Please be aware that that it is not straight forward in winning custody of your child. It is important to discuss child custody issues with an experienced divorce solicitor who deals in family law. They will be able to make you aware of your rights as a father and tell you your likelihood of receiving full custody of your children. If it is not likely that you will receive full custody of your children, your solicitor should be able to advise you on your entitlement.
Useful Links
• For full up to date details of your Paternity Leave rights please contact www.oxonfis.org.uk or call 08452 26 26 36
• Other useful websites:
• www.dadtalk.co.uk
• www.fatherhoodinstitute.org
• www.dads-space.com
• www.dad-info
• www.young-fathers.org.uk
• www.ofm.org.uk
• www.homedad.org.uk
• For full up to date details of your Paternity Leave rights please contact www.oxonfis.org.uk or call 08452 26 26 36
• Other useful websites:
• www.dadtalk.co.uk
• www.fatherhoodinstitute.org
• www.dads-space.com
• www.dad-info
• www.young-fathers.org.uk
• www.ofm.org.uk
• www.homedad.org.uk
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Oxfordshire
for Dads in
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