Fathers' Rights
Men face unique challenges when it comes to family law cases. Our San Diego attorneys understand these struggles and stand committed to protecting fathers’ rights through aggressive, effective representation.
The common perception, whether it’s right or wrong, is that women have the upper hand when it comes to child custody.
While the laws are not written to favor either gender, there is an undeniable social presumption that often tilts in favor of a mother.
Our firm is committed to overcoming that presumption on behalf of our father clients.
What Are A Father's Rights?
- Barring extreme circumstances, fathers have the right to remain a part of a child’s life on a regular basis and in a meaningful way. In short, both parents are equally entitled to pursue custody.
- It’s a father’s right to request primary guardianship of his children in custody disputes.
- If you do become the primary parent, you also have the right to petition the court for child support to help provide for food, clothing, shelter, and other necessities.
- If the court doesn’t grant you custody, you have the right to see your children.
- You have the right to regular and reasonable visitation.
- It’s your right to be free from interference by the other parent during your visitation time.
How Can You Protect Your Rights?
The California courts have placed an increased emphasis on making sure both parents remain in a child’s life after divorce or separation. This is great news for fathers. It’s important to participate in your child’s upbringing. But you often have to fight to make sure this happens and to protect your rights as a father.
If you want custody of your kids, you have every right to pursue that goal. But it often takes work. You need to prepare and file the appropriate paperwork, provide information to support your claims, and present your case to the court.
When awarding custody, the court’s task is to determine the best interests of the child. To establish this, a judge considers many factors. This includes:
- parenting ability,
- your relationship with your child,
- stability,
- their physical and emotional health and safety,
- and more.
The task is to prove you’re the best parent and that the child will be safest and healthiest in your care.
Being involved in your child’s life after divorce or separation has a huge impact. It’s often difficult to accomplish, but that doesn’t make it any less important.
Having A Baby?
So you’re going to have a baby. Congratulations! Becoming a parent is a huge milestone and one of the most rewarding experiences many of us have. Children change your life, but it’s important to know your rights as a soon-to-be father.
In family law cases where a married couple has a baby, the legal presumption is that the husband is the father. Outside of marriage, however, this is not the case.
Paternity isn’t automatic, and unless it’s established, fathers have no legal standing.
PARTICIPATE PRENATAL MEDICAL CARE
Expecting mothers undergo a variety of medical treatments and routine check-ups. Participating in these exams, either financially or physically, often shows a father’s dedication. This even helps support paternity claims later on should that need arise.
If the parents agree on the direction of prenatal care, this can progress smoothly. When they don’t, however, problems often arise.
If parents clash on medical decisions, the mother’s wishes usually take precedence over the father’s. Should an unmarried father want to be present at doctor’s appointments or in the delivery room, or otherwise participate in prenatal care, he must get consent from the mother.
Related Reading: How Is Paternity Established In California?
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Goldberg Jones
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Ste 1050
San Diego, CA 92108
(619) 243-0888
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