California Father’s Rights
In the past, court decisions in divorce proceedings automatically favored women and mothers in terms of child custody, visitation, and support. In more recent years, the rights of fathers in these matters have become more broadly recognized in the California courts. Child psychologists generally agree that a child’s physical and emotional well being is significantly enhanced with frequent and constant contact with both parents. However, due to past biases toward mothers, it is essential that you contact an attorney who focuses on father’s rights if you are about to divorce or are experiencing other family related problems. At the law office of Russakow / Greene & Tan, our experienced family law attorneys will ensure that your legal rights as a father are fully protected.
What Rights Do Fathers Have?
Under California law, the rights of fathers are no different than the rights of mothers. Both parents are entitled to have access to their children and both are expected to contribute materially to their upbringing. Both fathers and mothers have the following rights:
- Spending time with and raising their children through custody and visitation agreements.
- Being involved in decision-making concerning the child’s education, healthcare, social activities, religion, and well-being.
- Petitioning the court for modifications or enforcement of child custody and support orders if the other parent fails to comply or if circumstances change significantly.
- Objecting to a custodial parent’s intent to move with the children to a location that is “far away.”
Custody Orders
Physical custody is the amount of time that a child spends with either parent. Legal custody includes the control of the child’s education, healthcare, and other issues related to well-being. You as a father have the right to be involved in all of these types of decisions regarding your child. It is therefore vitally important to obtain a court ordered Custody Order. Without one, the mother of your child could refuse visitation or could move out of the community to another city, state or even country. A Custody Order will give you the right to ensure that your custody and visitation are not interrupted or prevented by your child’s mother. It also provides legal options should the mother abduct your child or attempt to move away.
If both you and the mother have been good parents and live in the same community, a split custody of 50/50 is likely. Many factors will influence the court’s decision, such as work schedules, time spent with the children, involvement in their upbringing, etc. If you do not live in the same community as the mother, the court will determine the best primary custodial parent by considering which situation will be in the best interest of the child (assuming both are good parents). The court may order restricted custody rights if there are any issues of drug abuse, alcohol abuse, physical or emotional abuse, etc. with either parent.
If you are a father and are the custodial parent, you have the right to ask for child support. If custody is not awarded, you still have the right to participate in your child’s life without unfair interference, and to foster an ongoing relationship with your child. It is therefore important to retain an experienced attorney to represent you in order to get a favorable court custody order.
Legal Services For Fathers
The attorneys at the law office of Russakow / Greene & Tan have extensive experience representing fathers in all areas of family law and divorce. We will aggressively fight to protect your rights in matters such as:
- Divorce: we represent fathers in all types of dissolution cases, from uncontested divorce to complex cases with significant assets.
- Child custody: fathers have an equal right in raising their children and we will strive to ensure that custody orders and visitation rights are fair.
- Spousal support: we will see that your true financial situation is considered as well as all relevant income of both parents.
- Child support: we will also make sure that all guidelines are properly followed and a support order is issued that represents your true situation.
- Move-away orders: a court order is required in order to move to a new state. We will fight to keep your children in your community.
- Modifications of existing orders: when circumstances change we will seek to have court orders changed to your benefit
- Paternity disputes: we will help you establish your paternity and subsequent rights as a father.
California Father’s Rights Attorney
If you are a father, husband, or an ex-husband going through a divorce or other family law-related issue, it is essential that you contact an experienced family law attorney as soon as possible. Let our firm help you find the solutions that will best protect your legal interests. At the law office of Russakow / Greene & Tan, we understand the emotional and financial upheaval you are experiencing, and we will aggressively fight for your rights as a father.
