Cutting Through The Myths Of Paternal Custody Rights In California

In this article, you can discover…

• Whether California law favors mothers over fathers in custody disputes.
• What steps fathers can take to strengthen their case for custody.
• Whether unmarried fathers can establish paternity and gain custody in California.

Do California Courts Favor Mothers Over Fathers In Child Custody Cases?

No, California courts do not automatically favor mothers over fathers. In California, the court typically defaults to a 50-50 custody split between parents.

The reality is that I have seen excellent mothers and excellent fathers, and I’ve seen terrible mothers and terrible fathers. Either parent has the potential to be responsible and caring. Either parent also has the capacity to be uninvolved and negligent.

Many divorces involve unpleasant accusations, and a good attorney can ensure that evidence backs up any claims.

They can also help put everything into context. They can bring in witnesses and experts who give a clear sense of your marriage dynamics and your skills and ability as a father. Your attorney will also help you understand which things matter to a family court judge and which do not.

What Steps Can Fathers Take To Strengthen A Child Custody Case?

As a father, the best things you can do for your case are staying involved, staying present, and parenting your child. If you’ve been the primary breadwinner, you may not be sure who your child’s doctors or teachers are. Take the time to learn these things. Your job may take up a lot of your time. But it’s important to demonstrate that you can make it to doctors’ appointments and school activities, too.

Some fathers will ask me, “I don’t want to fight with her, should I just let her have the kids?” Absolutely not. If you want a significant role in your child’s life, enforce your right to 50% custody, get involved, and find ways to make it work. Find a babysitter when you need one, take your child to their appointments, and get involved.

Attorney Jordana Better is a practiced, determined family law attorney serving California. Since 2016, she’s helped clients just like you stand up for their rights as fathers, secure access to their children, and ensure courts respect California’s 50-50 custody default.

Have questions about paternal custody rights in California? Reach out to the Law Office of Jordana N. Better for an initial consultation today.

What Types Of Parental Custody Exist In California?

In California, there are two different types of custody: legal custody and physical custody. Legal custody is the right to make decisions regarding your child’s health, safety, and education. Joint legal custody is the standard, even when one parent has little active involvement in the child’s life.

Physical custody, on the other hand, relates to where the child is physically most of the time. This does not mean that if mom has more custody, she automatically gets sole physical custody. In California, you can have joint physical custody even if you do not have 50/50 custody.

Can Fathers Be Awarded Sole Or Primary Custody Under California Law?

Yes, fathers can receive sole or primary custody, and this happens all the time. The goal of California courts is to consider who the primary parent is and what is in the best interests of your child. Now, California courts tend to assume that active involvement from both parents serves your child’s best interest.

If you want more custody than what the court orders by default, start stepping up. Be active, and gather evidence to support your claim.

What Evidence And Documentation Support A Father’s Custody Claim?

The best support you can have as a father is an experienced, skilled attorney.

Without proper representation, it’s easy to fall into a trap where you give up custody in favor of visitation rights. This would give the other parent sole custody, along with far greater rights if you disagree in court over matters relating to your child. To retain your right to have a say in your child’s life and well-being, you will want at least partial custody.

If you are seeking sole physical custody of your child, you will need to present reasons why the child’s mother should not share custody. Objective evidence backing those reasons will be crucial, and an attorney can help you identify and preserve such evidence.

Attorney Jordana Better is a practiced, determined family law attorney serving California. Since 2016, she’s helped clients just like you stand up for their rights as fathers, secure access to their children, and ensure courts respect California’s 50-50 custody default.

Have questions about paternal custody rights in California? Reach out to the Law Office of Jordana N. Better for an initial consultation today.

Can Unmarried Fathers Establish Legal Paternity And Custody Rights In California?

YES. You will need to file a paternity case to establish your paternity and legal rights as the child’s father. Once this case is open, you can ask for custody and support orders.

I handled a case where the mother had a child and told her then-boyfriend the child was his. The mother listed the boyfriend on the birth certificate. He raised the child as his own for several years, then learned that he wasn’t the biological father at all.

How Can Fathers Find Experienced Child Custody Legal Representation?

If you need experienced child custody representation in Los Angeles, the Bay Area, or San Diego, call my office. I’ve handled many of these cases and can give you sound, objective advice. I’ll help you understand what is realistic and what isn’t. I’ll also work with you to compile evidence if the other parent isn’t fit to share custody.

If a lawyer in California tells you to just give up, be a “Disney Dad”, and enjoy seeing your kids every other weekend, run as fast as you can. In this State, you have just as much right to be a parent as their mother. You have just as much right to an active role in your child’s life.

Still Have Questions? Ready To Get Started?

For more information on fathers’ custody rights in California, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (888) 915-9113 today.