Father’s Rights Lawyer

California has made great strides toward gender equality after a divorce. Under California family law, important decisions like alimony and child custody are no longer automatically biased in favor of the mother. Father’s legal rights in California are now protected, with both parents expected to share in legal responsibilities and privileges.

However, not all spouses enter into a divorce with a shared understanding of what lies ahead. Not everybody knows that father’s rights in California are equally protected by law, and some spouses may disagree about what they expect the dissolution of a marriage to entail. With a father’s rights lawyer by your side, you can ensure that your rights as a parent are fully understood and protected.

The team at Pinkham & Associates is available for a complimentary consultation to see how we may be able to help in your case.

What Are My Rights as a Father in the State of California?

Joint legal custody is the starting presumption in California divorces. This means that California family law presumes that it will be in the child’s best interests for both parents to have an equal share in decision-making and time spent with their child moving forward. Therefore, father’s rights in California include, but are not limited to:

• Decision-making regarding where your child goes to school, and what kinds of extra-curricular activities they take part in
• Decision-making for your child’s healthcare, such as glasses, braces, doctor’s visits, medications, surgeries, and more
• Religious upbringing choices, including the right to raise your child without religion
• Being listed on emergency contact forms, school and medical records, and having the right to be notified about your child
• Travel and vacations
• Non-school time
• Navigating visitation with grandparents and other relatives
• Equal time spent parenting your child
• Protections against false allegations
• Decisions regarding where your child will live

What if I Didn’t Sign the Birth Certificate?

Under California law, paternity rights are established when a father is listed on the birth certificate. If you have not done so, it may jeopardize your ability to make a claim for custody in the event of a separation of unmarried parents or divorce. There are options available, however.

Having both parents sign a voluntary declaration of paternity can establish parental rights and is considered as legally binding as a court order or birth certificate. This document must be signed at a public agency like a welfare office or superior court in your residential city and then filed with the California Department of Child Support Services.

Be aware that the voluntary declaration of paternity is difficult to rescind. By signing, both parties waive their rights to DNA testing to establish genetic lineage and can be liable for unpaid child support and other concerns. When in doubt, consult with a divorce lawyer in Orange County CA to ensure that signing is done appropriately and within your best interests.

What Is a Custody Agreement?

A custody agreement outlines with whom a child will primarily spend their time, where they will live, and how decisions will be made on their behalf. An Orange County divorce lawyer can help ensure that you and your former partner draw up a custody agreement that is workable, legally sound, and in your child’s best interests.

How parents structure custody agreements depends on what they can agree upon, unless one parent can present proof of why a judge should award sole custody or visitation. In California, this decision may rely on other factors like each parent’s ability to provide a loving and stable home, the family’s emotional ties to that child, and the child’s health needs.

Types of Custody Arrangements

Custody is broken down into two parts: legal custody and physical custody. Legal custody refers to decision-making power over a child’s well-being. Physical custody refers to where a child will grow up and with whom they will spend their time.

California can decide on one of three different types of custody situations for parents during a divorce.

Sole Custody

In sole custody cases, one parent is granted exclusive decision-making power as well as physical custody over a child. Sole custody decisions are typically made when one parent is found to be abusive or unfit. In sole custody cases, visitation time with the child may be limited or structured in a way that the court deems is within the best interest of the child.

Joint Custody

In a joint custody agreement, the child typically moves back and forth between two separate residencies. Both parents are expected to contribute to the child’s upbringing and make decisions together.

Joint custody arrangements may or may not be a 50/50 split. Some of the most common joint custody time arrangements include spending alternate weeks with different parents, which is known as either the “2-2-3” or “2-2-5” plan.

Primary Physical Custody

In this arrangement, a child lives primarily in one household, but legal custody may still be shared between both parents. Primary physical custody arrangements can be in the best interests of the child when one spouse either moves further away from that child or spends more time with them than the other parent does. Both parents are entitled to make important decisions regarding a child’s education, health, and religious upbringing, but the child is expected to only reside with one parent in this arrangement.

The reverse may also be true. In some split custody cases, the child may split their time between both households, but decisions concerning the child’s education and other important matters become the responsibility of only one of the parents.

Can I Modify a Custody Agreement without Going to Court?

You may be able to modify a custody agreement without having to go to court. Talk to our lawyers to learn your options.

Be aware that any change to a custody agreement is legally binding. Having an Orange County California divorce lawyer represent you even if you don’t need to take your matter to court is highly recommended. We will review any decisions being made about your parental rights to ensure you and your child(ren) are being represented fairly.

How Does a California Court Determine Custody?

Fathers are presumed to have equal rights as mothers in a divorce, but this can become complicated when it comes to time spent with the children and a parent’s availability. When one spouse has more work commitments, or you can otherwise show they spend less time with the child(ren), you may be able to seek a revised custody order. We see fathers consistently accept less than they deserve in custody and other important matters simply because they do not realize California law provides equal protection after a divorce.

Both parents can establish a custody plan together, with or without the help of legal counsel. However, if you and your ex-partner cannot agree upon a custody plan, a judge may decide based on factors like:

• The child’s age, which tends to benefit the primary caregiver
• The child’s health
• Existing emotional ties between the child and both parents
• The child’s connection to their home, school, and community
• The ability of each parent to provide for their child
• Any prior history of substance abuse, violence, or neglect

How Can a Lawyer Help Me Fight for Father’s Rights?

Disagreements are unfortunately common in the divorce process and are usually worsened when ex-spouses try to handle the matter without a lawyer’s help. Hiring an attorney ensures you have a professional advocate by your side who can help you resolve issues while protecting your best interests. Custody issues can quickly become heated debates simply because both parents feel they are protecting what’s most important to them, and a divorce lawyer can help keep the conversation centered on where you want to go, and not where the marriage has been.

Unfortunately, some Orange County family divorce lawyers will drag out disputes and even stir up trouble just to raise their fees. For this reason, it is important to research Orange County divorce lawyers before you hire one.

At Pinkham & Associates, we pride ourselves on being community-centered advocates who have a long history of success in Orange County family law. Our client testimonials speak for themselves about how we handle issues and our professionalism in custody cases.

Contact a High Net Worth Divorce Lawyer for Help with Your Case

Divorce for business owners can be a difficult balancing act of shoring up what you have built professionally while also protecting your rights as a parent. Pinkham & Associates is available for a consultation about father’s rights in California and how we can help you navigate a custody dispute. Contact us today.