Under California law, it is recognized that children benefit from having a strong relationship with both of their parents. Whether married or unmarried, fathers have the same rights and responsibilities as mothers, but some situations necessitate that they take legal actions to protect those rights.
In this article, we will explain the rights and key legal steps every dad in California should know.
Establishing Legal Paternity
Legal paternity matters to fathers because it gives them rights to custody and visitation, but it also creates obligations, such as child support. Here are the two paths towards establishing legal paternity:
- For married fathers: In this case, paternity is usually presumed if the parents were married when the child was conceived or born (California Family Code §7540).
- For unmarried fathers: Here, fathers must establish paternity through either a court order, often with DNA testing (in a case of dispute), or through a Voluntary Declaration of Parentage (VDOP), which is signed by both parents and filed with the California Department of Child Support Services (DCSS).
Without clearly established legal paternity, fathers won’t be able to fully assert their custody or decision-making rights.
Seeking Custody and Parenting Time
In California, the terms used for decision-making authority and where the child lives are respectively legal custody and physical custody. Fathers can request:
- Joint legal custody, where they will have a say in the child’s education, health care, and welfare.
- Parenting time (visitation) or joint custody, so that the child will spend substantial time with each parent.
Courts will apply the standard of the “best interests of the child” (Family Code §3011), and will consider various factors, such as the child’s health and safety, as well as the nature of each parent’s relationship with them.
In order for fathers to strengthen their case, they must demonstrate consistent involvement, for example with daily care, medical appointments, and school activities.
Child Support Obligation and Rights
It doesn’t matter if a legal father lives with the child or not – they must still provide financial support. California calculates child support under the statewide guideline formula (Family Code §4055), and they consider each parent’s income and how much time they spend with the child.
In the case of a significant change in income or custody arrangements, fathers have the right to seek modification, and to receive an accurate accounting of payments processed through the California State Disbursement Unit.
Protecting Rights During Divorce or Separation
In the state of a California divorce or legal separation, fathers have equal standing when custody and support issues are decided. For example, courts can issue temporary custody or support orders early in the case. Importantly, fathers have to participate fully – otherwise, initial arrangements could become long-term defaults.
It’s important to keep thorough records of all caregiving responsibilities and communication with the other parent. Detailed documentation helps your attorney and ensures that legal proceedings aren’t delayed.
Relocation (“Move-Away”) Issues
In the case that one parent wants to move a significant distance away with the child, under California law a notice (and often a court hearing) is required.
If the move would in any way harm the relationship with the child, fathers have the right to object. Then, courts will evaluate the reason for the move, the distance, and ultimately, the child’s best interests, before they decide to modify custody or visitation orders.
When to Seek Legal Help
Dealing with family law procedures and local court rules is a complex process, often unmanageable for a person to navigate alone. This is where an experienced family attorney can help fathers who wish to assert their rights.
A seasoned family attorney can file paternity actions, custody requests, or child support modifications, as well as represent fathers in court hearings. They can also enforce existing parenting plans, or challenge unfair restrictions on the father’s behalf.
If you, or someone you know, is a father seeking to establish parental rights and ensure a fair parenting situation which serves the best interests of the child involved, don’t hesitate to reach out to a family lawyer at Scott Mitchell. Contact us today for a consultation to discuss paternity, custody, or visitation, and we will help you safeguard your relationship with your child.