Knowing Your Fathers Rights CA

By Georgia Diaz


The judicial system has a long history of favoring maternal care for children in custody cases. The bias is based in the concept that the mother has better skills for tending to upbringing than can be expected from a father figure. The fathers rights CA have been expanded in the past few years and now can include the same legal options that are offered to a mother.

The amount of time available for child care is considered important and is a major concern. If both parents work the hours worked will carry a lot of weight. Most courts will order primary care to which ever parent determined to be most capable of supporting their child mentally, physically, emotionally and financially.

The judicial system prefers that parents work out the custodial issues between themselves. In the event that they cannot do this the courts will step in and make the decision. Many parents choose to share legal custody of children with one parent being the primary custodial parent. When this agreement is made both parents may make decisions regarding health, legal and care issues with or without the other parents input. Communication is the prime factor that will make this arrangement work.

Another option is joint physical custody where a child spends fifty percent of the time with each parent. The time can be broken down in whatever manner works best for parents and child. The hours do not have to be exactly half of the year and are left to the discretion of parents.

When dealing with the judicial system a man who is not married to the mother has no parental rights. You are obligated to prove that you are the biological parent to the courts before you can sue for custody or visitation. There are several ways you can do this. Firstly, you can be at the birthing and sign a waiver that will allow you to have your name on the birth certificate. This claim is revocable by either parent within sixty days. You may also testify under oath that you are the parent so long as the mother is compliant or you can use DNA as a last resort.

When you have proven that you are the legal guardian for the children in question the court can address the custodial, support and visitation areas of your divorce. The judge will take many things into consideration including the amount of time each parent spends with their off spring. Each party will have the opportunity to present their case to the court.

The person who has physical custody may not disallow visitation to you based on nonpayment of child support. According to the law one has nothing to do with the other. Out of state moves or distances further than 100 miles also cannot be done without permission from the non-custodial parent. On another level California is very aggressive regarding collection of back child support.

It is very important that the father obtain legal documentation as to his parentage and have copies of all of the court orders pertaining to the child. This paper work will grant him certain rights as a father as well as protect them should he need to go to court again. A fathers rights CA are legally the same as a mothers but bringing proof is always the best course of action.




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