Fathers' Rights

Barring extreme circumstances, fathers have the right to remain a part of a child’s life on a regular basis and in a meaningful way. In short, both parents are equally entitled to pursue custody.

It’s a father’s right to request primary guardianship of his children in custody disputes.

If you do become the primary parent, you also have the right to petition the court for child support to help provide for food, clothing, shelter, and other necessities.

You have the right to regular and reasonable visitation.

If the court doesn’t grant you custody, you have the right to see your children.

It’s your right to be free from interference by the other parent during your visitation time.

The California courts have placed an increased emphasis on making sure both parents remain in a child’s life after divorce or separation. This is great news for fathers. It’s important to participate in your child’s upbringing. But you often have to fight to make sure this happens and to protect your rights as a father.

If you want custody of your kids, you have every right to pursue that goal. But it often takes work. You need to prepare and file the appropriate paperwork, provide information to support your claims, and present your case to the court.

When awarding custody, the court’s task is to determine the best interests of the child. To establish this, a judge considers many factors. This includes:

• parenting ability,
• your relationship with your child,
• stability,
• their physical and emotional health and safety,
• and more.

The task is to prove you’re the best parent and that the child will be safest and healthiest in your care.

Being involved in your child’s life after divorce or separation has a huge impact. It’s often difficult to accomplish, but that doesn’t make it any less important.

So you’re going to have a baby. Congratulations! Becoming a parent is a huge milestone and one of the most rewarding experiences many of us have. Children change your life, but it’s important to know your rights as a soon-to-be father.

You and your baby’s mother may be married. Then again, maybe not. In 2019, just north of 40% of children born in the U.S. were born to unmarried mothers. This number has increased as couples push back marriage later and later in life, or choose not to tie the know at all.

In family law cases where a married couple has a baby, the legal presumption is that the husband is the father. Outside of marriage, however, this is not the case.

Paternity isn’t automatic, and unless it’s established, fathers have no legal standing.