• father's rights in custody

A Father’s Rights in Custody – What California Courts Consider When Determining Father’s Rights

Fathers in California receive a lot of misinformation regarding a father’s rights in custody and visitation matters . Fathers often believe that judges decide in favor of mothers in custody disputes over a father’s rights in custody. Despite these common misconceptions, a father’s rights are equal to the rights a mother would have for raising and caring for their children.

California child custody laws require child custody and visitation to be decided in the best interest of the child. Read on to learn more about a father’s rights in custody disputes.

“I never realized that the court really does protect a father against mothers who are interfering in the father/child relationship. The mother of my child was bouncing from place to place, never living anywhere for more than a few months.” J. Henderson
“The mother’s interference continued for several years. I finally was able to track her down and filed for full custody. I was able to show the court how her actions were negatively affecting my daughter in school. The court granted me full custody!” J. Henderson
“A People’s Choice was so thorough and patient with me to make sure that all the details and background of the mother’s interference was clearly laid out for the court. I truly believe my success in this matter was definitely due to their expert help!” J. Henderson

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Overview of a Father’s Rights in Custody

Fathers have the same rights in California family law matters as mothers do . The following will help give you a better understanding of a father’s rights in custody.

Equal Visitation Time

One aspect of a father’s rights in custody pertains to visitation. California laws encourage frequent contacts and visitation time between parents and their children. This allows each parent to build a strong parent-child bond. Most courts award 50/50 custody and visitation schedule unless a parent is deemed unfit. When reviewing the practical aspects of a father’s rights in custody, a father should carefully consider his work and children’s schedule. This will make it easier when deciding a practical child visitation schedule. Fathers should consider weekend visitation schedules, extended summer periods and spending time with their children after school.

Equal Parenting Decisions

A father’s rights in custody also includes the right to make parenting decision. This is often called legal custody. Equal parenting decisions allow both parents to decide the school, religious, and health care treatments their children receive. Joint legal custody allows parents to have an equal voice on how their children are raised. Most courts grant equal legal custody rights so long as there are no serious issue such as domestic violence between the parents or claims of child abuse. If co-parenting is not working out between parents, a father should consider requesting a sole custody order.

Despite common misconceptions, a mother may be unfit to parent. If a mother diligently seeks to keep a father out of her children’s lives, the father should consider enforcing his father’s rights in custody and seek a sole custody order. It is important to remember that a mother is not given special preference over a father’s rights in custody matters. Contact A People’s Choice for more information on how to obtain a sole child custody order in California.

False Allegations of Domestic Violence

Unfortunately, some mothers will go to great lengths to keep a father out of his child’s life. Some mothers will falsely assert claims of domestic violence to get a sole custody order. These false allegations can have a detrimental affect on a father’s rights in custody. When false accusations of domestic violence arise, a father should oppose the false allegations and consider conducting depositions to contest any false claims.

Mothers Who are Financially Motivated to Interfere

Unfortunately, a mother can be financially motivated to keep their children away from a father. The less time a child has with a father, the more money a mother may receive in support payments. This tactic can have an extremely detrimental affect on a father’s rights in custody. On the contrary, some mothers will bend over backwards to also make sure they are not ordered to pay child support. When a mother is trying to affect a father’s rights solely for the purposes of obtaining a higher support order, a father should challenge this.

Contact A People’s Choice for more information on how to get a favorable child custody order in California. We can help you complete the forms you need to get a child custody order and protect your father’s rights in custody. Call us today at 800-747-2780 to get started.

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By |2018-01-18T15:46:04+00:00October 1st, 2017|Family Law, Paternity|0 Comments

About the Author:

Sandra M. McCarthy, founder of A People’s Choice Inc., has worked exclusively in the legal field since 1976. She served as the 2004-2005 President of CALDA (California Association of Legal Document Assistants). She obtained a Paralegal Certificate from the University of California, Santa Barbara. During her career in the legal field, she has worked as a freelance paralegal, law office manager and paralegal studies teacher, and has co-authored numerous legal publications and written hundreds of self-help legal articles. As a registered Legal Document Assistant, Sandy is dedicated to providing affordable, low-cost, self-help document preparation services for California consumers in all 58 counties.

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