Many believe that family courts are gender biased. The truth is that California courts assume that each parent has equal rights and responsibilities regarding his or her child. Unfortunately, however, some fathers fail to adequately assert their rights — especially without a father’s rights
attorney fighting alongside them.
What Are My Parental Rights?
California’s policy encourages parents to share child rearing rights and responsibilities so the child can benefit from having both parents. This is because children should have frequent and continuing contact with both parents, even after the parents choose to divorce
You may consider seeking joint physical custody if you are able to devote your evenings and weekends to your child’s care. The amount of time shared between you and the child’s mother may depend on your child’s age and other factors. As the child grows and becomes more independent, you should consider modifying your child custody or visitation order to seek more parenting time.
Unless there is extenuating circumstances, you should seek joint legal custody. This means that both parents are equally involved during the decision making process of all major decisions concerning your children, such as your child’s education, health, welfare and safety.
Generally, the custodial parent will request that the non-custodial parent pay child support to help financially support the child’s health, education, and child rearing. If you are a father paying child support, and you have fallen on hard times, then a father’s rights attorney can help you request a modification of your child support order to reduce the amount of child support the court requires you to pay. It is important to seek a modification of child support rather than missing payments, which could result in prison time.
What Can Affect a Father’s Parental Rights?
There are several circumstances that could affect your father’s rights and result in the other parent obtaining sole physical and/or legal custody:
- Domestic violence
- Substance abuse
- Child abuse
- Inability to co-parent
Unfortunately, there have been circumstances when one parent false accusations in order to obtain sole custody. A tenacious father’s rights attorney will help you fight against any false allegations, especially of domestic violence or child abuse. This includes the following:
- documenting any past false statements and accusations the accusing parent,
- obtaining witnesses,
- deposing the accusing parent,
- demanding corroborating evidence, and
- conducting other discovery and investigatory methods.
Further, if a custody order is in place and the accusing parent continues to make false allegations and alienate you from the children, you may wish to seek a modification of your custody order. It is not in the best interest of the child to expose him or her to a situation that may cause emotional damage, especially when one parent constantly disparages the other.
Obtain a Father’s Rights Attorney
As a father, you are entitled to the same rights as your child’s mother. An experienced father’s rights attorney with the Law Offices of Rick D. Banks can help you effectively assert those rights. Contact us at (559)222-4891
for immediate assistance.