Judges do not set out to deny fathers their rights in child custody cases, but many noncustodial fathers come to believe they are unfairly treated when custodial mothers move the children beyond easy visitation. Problems happen when the custodial mother relocates, with the approval of the courts, and the children now live far from the noncustodial father. What is called the "fathers’ rights” movement is the service of the idea that custody decisions should not discriminate against fathers. Support groups, including Fathers for Equal Rights in Miami, and Fathers Are Forever in California, provide support for fathers who feel unfairly treated by the legal system.

The Father’s Rights movement focuses on paternity fraud, wherein a women names a man to be the biological father of a child, particularly for self-interest, when she knows or suspects that he is not the biological father. Courts have held that once a man presents himself to the world as the father of a child he cannot escape the responsibility of supporting that child, but DNA testing now allows men who are suspicious to request a paternity test to make positive identification of the father.