In California, fathers have the same legal rights as mothers when it comes to custody and visitation of their children. Over the years, the law has evolved to prioritize the best interests of the child, meaning that both parents are treated equally, regardless of gender. However, understanding and asserting these rights can be challenging for fathers who may feel the courts still favor mothers in custodial decisions.

Establishing Paternity

For a father to assert his rights, he must first establish paternity. If the parents are married when the baby is born, paternity is presumed, and the father has automatic rights. However, for unmarried fathers, legal steps must be taken to establish paternity. This can be done by both parents signing a Voluntary Declaration of Paternity or through a court order that includes genetic testing. Once paternity is established, the father has the same rights to custody, visitation, and child support decisions as the mother.

Custody and Visitation Rights

California law does not favor either parent in custody cases, and the courts aim to ensure children maintain frequent and continuing contact with both parents. Fathers have the right to seek joint or full custody of their kids. The court’s primary focus is the child’s best interests, which means the parent who can provide a stable, loving, and safe environment is more likely to be awarded custody. Factors such as each parent’s ability to care for the kids, the kids’ health and safety, and the level of involvement each parent has had in the kid’s life will be considered.

It’s important to remember that courts do not automatically favor the mother in custodial decisions. Fathers who have been actively involved in their children’s lives and can show they provide a nurturing environment have a strong chance of being awarded sole or joint custody.

Child Support

Just as mothers can be awarded child support, fathers are also entitled to receive it if they are the custodial parent. Child support is based on each parent’s income, time spent with the child, and the child’s financial needs. If a father has primary custody or shares significant parenting time, he can seek support from the other parent.

Protecting Fathers’ Rights

Fathers should not hesitate to assert their rights during a custody battle. If you believe your rights are being overlooked or that your child’s best interests aren’t being prioritized, it’s essential to consult with a family law attorney. Fathers can seek modifications to existing custodial arrangements if circumstances change, such as the mother moving out of state or failing to meet the child’s needs.

Professional Help for Paternal Custody

In California, fathers have equal rights when it comes to raising their children, and the courts are increasingly focused on ensuring both parents are involved in their children’s lives. By understanding your legal options and taking proactive steps, fathers can play a crucial role in their children’s upbringing and secure their rightful place in their lives. If you’re a father facing custody, visitation, or child support challenges, Joseph R. Zoucha, Attorney & Counselor at Law, can help you navigate the legal process and protect your parental rights. Get in touch to discover how he can help you.