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What Legal Rights Does a Father Have to His Child

Being a stay-at-home mother is not a legal right. While some may take longer than others to return to the workforce, especially if the mother has been unemployed for a long time, it is inappropriate to simply refuse to look for a job and refuse to show good faith and make reasonable efforts to find a job. Both parents have the right to request custody and visitation with their child. When sole custody is granted, one of the parents receives exclusive physical and legal custody of the couple`s child. In shared custody agreements, both parents share responsibility for making decisions about the child and often allocate parenting time more equally. Several States assume that joint custody is in the best interests of a child. However, many proponents of parenthood argue that children are best served when both parents play an important role in their lives. Custody cases in California are difficult for fathers to navigate. Questions about a father`s rights in California get different answers from different people, and most fathers aren`t clear about what their rights are. Some even believe that they do not have one. If you came here looking for the answer to your rights as a father in California, I have answers and good news. Divorce and separation cases can be complicated at first. But if children are involved, they may include resolving custody disputes (who is the primary caregiver), visits (how often and under what specific conditions the non-custodial parent will see the child), and family allowances (financial assistance to raise the child).

This applies if the child`s parents are not married. Your rights as a father are no different from those of a mother in terms of child support. California law does not discriminate on the basis of sex and explicitly prohibits it. If the mother refuses to pay you family allowances when she is legally obliged to do so, you have the right to apply for child support, to apply for and receive family allowances, to seize the mother`s salary if necessary and to assert your rights if the mother refuses to pay maintenance. If both parents of the child have been legally settled, disputes are likely to be handled in the same way as if the parents were legally married. When a child is born to a single mother, the mother is automatically granted sole custody. If the mother contests the paternity claim, the father may apply to the family court to establish paternity. It may also contact a government agency, by .

B child support enforcement division. If you are unemployed, do not stop paying child support. It`s a stupid decision that could get you in even more trouble. Instead, immediately file a child support change application with the help of an experienced California family attorney. There is no reason why you should not have 50-50 custody in this situation. Nevertheless, we see that fathers in such a situation simply accept every other weekend or similar parenting time. The fact that the mother has a few extra hours a week to spend with the child does not mean that you should lose a timeshare of equal care. The gap between your ability to spend time with the child and that of the mother must be significant so that she can make a difference. Given the high rate of divorced or unmarried parents, many parents have begun to study fathers` rights in child-rearing and family planning. Fathers` rights may include the father`s right to parental leave with his children, the right to be consulted prior to adoption, and the right to leave work to raise his or her child. However, in this article we will go a little further.

We`ll not only talk about the legal rights fathers have in custody cases in California, but also about support issues. If you have any questions about your rights as a father, contact our experienced family law lawyers. As a father, you also have rights to child support. You will not be more or less responsible for child support simply because you are the father. For most North Carolina families, child support obligations are based on the N.C Child Support Guidelines. The formula also takes into account the income of both parents, among other factors. Depending on the facts in your case, you may actually be entitled to maternal support to raise your child. As with child custody, you can apply for a change in child support payments. If you are the highest support and are asked for help, you have rights. California law states that child support must be calculated in accordance with the standards of the policy, with limited exceptions. These policy standards have automated the child support process, so that certain factors in the computer program generate the child support number. If you`re dealing with a mother who refuses to work, apply for an income credit for child support.

Income credit is appropriate if the mother has the ability and opportunity to work, but refuses to do so. As a father, you want to be a part of your child`s life, even if you are separated or divorced from the child`s mother. You want to spend time with the child. They also want to have a say in important decisions that affect the child`s future, such as. B where he goes to school or what kind of medical treatment the child receives. Once paternity is definitively established, the single father has all the rights over his child as a married father. This is usually not a problem for unmarried couples living together; However, for those who do not live together, the father must file a petition with the court to establish his paternity rights. The father does not have the legal right to see his child without a court order. Legally, there is no presumption of paternity; This means that, by default, unmarried fathers are not supposed to be biologically related to their children. It`s important for parents to do their best to stay friendly and willing to compromise to avoid lengthy court battles.

You should try to develop a reasonable and acceptable custody arrangement that the court is likely to approve. It is in the best interests of the child, which is the most important factor in establishing custody arrangements. This type of situation may prevent the father from obtaining access or custody of the children. At first glance, this situation may seem unfair to unmarried fathers. However, this system also prevents single mothers from applying for family allowances from the child`s father. It would be unfair to do so if paternity has not been established and the father himself has no rights. An unborn child obviously cannot be anywhere other than in the womb, so custody and parental time do not apply until the birth of the child. However, an unborn child may be the subject of a child support order. California law states that child support obligations can exist even before the child is born.

Parents who live together but are not married may face unique problems, the most important of which is the determination of paternity. Other issues include parental rights in places like school and medical facilities, choosing a surname for the child, and claiming that the child depends on your taxes. You may be wondering what these different schedules are? Take a look at Orange County`s parenting guidelines and you`ll see different schedules for different age groups of children. You may have thought that because I`m sure you`ve spoken to at least one person who told you that fathers are going to be in California family court. While the person may not have been as direct, I hear this all the time from potential customers who call me. Fathers tell me that they have heard that fathers do not receive the same treatment as mothers in family court, or that the father`s rights are often trampled underfoot in California. A father`s rights in California in custody cases and all other aspects of divorce and family law are identical to those of the mother. Therefore, the best course of action for a father who wants to visit or have custody of his child is to establish paternity first. The easiest way to do this is to be present at the birth of the child and help the mother fill out the birth certificate.

Another way to determine paternity is to complete a voluntary recognition of paternity form. But be careful – don`t become a father every other weekend if you have more time to spend with your child. While we recognize that working fathers sometimes can`t handle a 50-50 timeshare, there`s no reason to accept anything other than that when you and the mother are on an equal footing and able to care for the child equally. And the choice is not every other weekend or 50/50. There are many acceptable schedules in between that will help you maximize your time with your child. You have the right to have frequent and regular contact with your child. While parents shouldn`t get too caught up in labels such as joint or primary custody, as a father, you need to make sure that your rights to this frequent and regular contact are guaranteed in a court order. .