What Are Father’s Rights in a Divorce Case?

father's rightsA California divorce can be an extremely difficult process for everyone involved – most especially for a couple’s minor children – and a good father’s rights attorney may be able to help ease that burden. Both California state and federal laws state that when it comes to a couple’s minor children, both parents have equal rights, unless and until a judge comes to a different decision. Prior to that time, neither parent should be granted preferential treatment with regard to the minor children.

If you are a father who is in the midst of a California divorce and feel that you have been given the ‘short end of the stick’ when it comes to parenting or custody rights, the experienced father’s rights attorneys at Rick Banks law are here to help you. Our experienced attorneys will be able to answer your questions and make sure that you understand all of your legal rights.

Your Rights as a Father

Unless and until a California court declares otherwise, both parents have equal rights to remain a part of their children’s lives while their divorce case is pending, and also once their divorce has been finalized. As a father, you may have visitation rights, child support rights, child custody rights (both physical and legal), and paternity rights.

It is also worth mentioning that military service does not necessarily disqualify a father from obtaining these rights. An experienced California father’s rights attorney will be able to help you formulate a persuasive argument based upon your individual circumstances.

Custody Rights

Custody consists of two components: physical custody and legal custody. Physical custody refers to the physical location where the minor children will reside, while legal custody refers to decision-making power regarding the children’s upbringing. As a father, you have a right to request both physical and legal custody of your children. If you have joint legal custody, you are entitled to make mutual decisions with regard to your children’s education, religion, health, and well being.

In order to successfully obtain custody rights over your minor children, you, as their father, will need to demonstrate to the court that you can provide a loving, stable, and secure home for them.

Visitation Rights

If you are not the primary custodian of the minor children, you have a right to reasonable and liberal visitation with them, as set forth in a visitation schedule. If the children’s mother is relocating or changing addresses, you may be able to dispute that relocation – or to request a modified custody or visitation schedule, as the circumstances allow.

Child Support

If your children’s mother is unemployed or refuses to get a job, you may be able to petition a California court to order her to make efforts at finding gainful employment. An experienced California father’s rights attorney will be able to help you formulate a persuasive argument as to why you may need financial support for raising your minor children.

Paternity

If you and the children’s mother are not married, you may be able to verify paternity through paternity testing.

Contact a Fresno Father’s Rights Lawyer Today to Discuss Your Case

California divorce can be a difficult process which tends to automatically favor the minor children’s mother. An experienced attorney may be able to assist you with the divorce process and can help to safeguard all of your legal rights with regard to the minor children. Contact the experienced father’s rights lawyers at Rick Banks Law by calling 559-222-4891, for a free initial consultation.

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