Fathers’ Rights Lawyers in San Diego

Helping Clients Facing Parental Rights Matters

In California, both parents of a child have equal rights and responsibilities. Paternity is automatically established under certain circumstances, but in other cases, a father may need to take a few extra steps to be acknowledged as the legal parent of his child. The attorneys at Khosroabadi & Hill go over fathers’ rights in California and explain when to seek the help of an attorney if you are dealing with parental rights issues. If you wish to get answers about your specific case, contact Khosroabadi & Hill at 858-240-2093.

How Is Paternity Established in California?

Every child has a biological father, but not every child has a legal father. The process of parentage or establishing paternity allows a man to be recognized as the legal parent of a child with whom he may or may not be biologically related. By establishing paternity, a father gains parental rights and is also assigned equal responsibilities.

In general, when a married woman gives birth to a child, her husband is automatically presumed to be the child’s father, and thus, paternity is established without the need for taking extra steps. However, if the couple is not married at the time of the birth, the man will need to complete a form called a Voluntary Declaration of Paternity, which is usually available at the hospital and offered by the medical staff. Once the form is signed, the man becomes the child’s legal father.

In some cases, the mother or the father of a child may take legal action to establish paternity with the help of the court. This usually happens when there are disagreements between the parties or when a presumed father refuses to cooperate. The court may require genetic testing to determine if the man is the child’s father, and if so, may order the father to fulfill their responsibilities, such as paying child support or providing health insurance coverage for the child.

What Are the Rights and Responsibilities of a Father in California?

In California, a father gains parental rights and responsibilities as soon as paternity is established. Both mothers and fathers have equal rights and responsibilities, including
the right to custody and visitation and the right to be involved in any important decisions regarding the child, such as the child’s health, education, and welfare (unless the court has awarded sole legal custody of the child to the mother). Additionally, a father is responsible for providing financial support for the child, which can include child support payments, medical care, and other expenses. A father is also expected to provide a stable environment for the child, including a safe home, support for the child’s emotional and physical development, and guidance and support.

When making custody decisions, the court looks at both parents equally and may award custody to the father or the mother, depending on what is best for the child. If a father is named the primary custodial parent – meaning the child resides with them most of the time –the father also has equal rights to seek child support payments from the mother.

Is California a “Mom” State for Custody Decisions?

Traditionally, mothers used to stay at home and care for the home and children, while their husbands would work outside of the home and play the role of the main breadwinners. However, things have changed, and these roles have been reversed or shared equally between the spouses. Yet, many fathers worry about being victims of this old-school gender bias that automatically positions mothers as the preferred caretakers of a child and gives them preference in custody decisions in court.

However, California courts no longer tend to favor the child’s mother in custody decisions. In fact, the courts assign equal rights to the mother and the father, and custody decisions are guided by the “best interests of the child” standard. That means fathers have as much of a chance of getting custody of a child as mothers do. It is not out of the question for a father to become the custodial parent of his child and a mother to be given visitation rights and be ordered to pay child support if the court determines such an arrangement would benefit the child.

What Should I Do if I Am Not Being Allowed to See My Child?

If the mother of your child is preventing you from visiting your child or being involved in the child’s life, you may want to consult a father’s rights attorney about your case. What can be done in this situation depends on whether you have been legally recognized as the child’s father or not. Alleged fathers and presumed fathers do not necessarily have the parental rights of a legal father. If you have not yet established paternity, doing so may be the first step you may need to take to be allowed to see your child. Once paternity is established, the court may also put in place custody and visitation orders to ensure you can be included in your child’s life.

However, if you have already established paternity and have custody or visitation rights to your child, the mother of the child could be held in contempt of court if she refuses to comply with the court orders. In this case, you may want to speak to a father’s rights attorney to learn how to ask the court for help enforcing your custody and visitation orders.

At Khosroabadi & Hill, our attorneys have helped countless clients in the San Diego area protect their rights as fathers and play an integral role in their children’s lives. If you have questions about fathers’ rights or need legal advice, contact Khosroabadi & Hill at 858-240-2093.