Knowing Your Fathers Rights CA

By Georgia Diaz


Traditionally the fathers rights CA have taken a back seat to the mother's rights. The judicial system has always leaned towards the mother when awarding physical custody of children. There have been some changes in the past decade that have allowed the dad to exercise more control over the child rearing process.

The amount of time available for child care is considered important and is a major concern. If both parents work the hours worked will carry a lot of weight. Most courts will order primary care to which ever parent determined to be most capable of supporting their child mentally, physically, emotionally and financially.

Divorcing couples are often expected by the courts to work out their preferred custody plans independently. Doing this expedites processing of divorces. If you are unable to find a mutually agreeable solution the judicial system will make that determination for you. Generally couples will decide that one parent has primary physical custody while they share legal custody. Both parents will find that good communication is necessary when using this option. The non-custodial parent will usually be responsible for child support in this case.

Another option is joint physical custody where a child spends fifty percent of the time with each parent. The time can be broken down in whatever manner works best for parents and child. The hours do not have to be exactly half of the year and are left to the discretion of parents.

When dealing with the judicial system a man who is not married to the mother has no parental rights. You are obligated to prove that you are the biological parent to the courts before you can sue for custody or visitation. There are several ways you can do this. Firstly, you can be at the birthing and sign a waiver that will allow you to have your name on the birth certificate. This claim is revocable by either parent within sixty days. You may also testify under oath that you are the parent so long as the mother is compliant or you can use DNA as a last resort.

When you have proven that you are the legal guardian for the children in question the court can address the custodial, support and visitation areas of your divorce. The judge will take many things into consideration including the amount of time each parent spends with their off spring. Each party will have the opportunity to present their case to the court.

Should you be ordered to pay child support the court system will enforce payment aggressively. The courts are entitled to garnish your wages, take away your driver's license, or even incarcerate you if you do not pay the ordered support. In extreme cases they have been known to garnish the social security benefits of people who have grown children but who still owe back child support. The one thing that is not affected is the visitation of your children. The mother cannot restrict or deny visitation due to non-payment issues.

It is very important that the father obtain legal documentation as to his parentage and have copies of all of the court orders pertaining to the child. This paper work will grant him certain rights as a father as well as protect them should he need to go to court again. A fathers rights CA are legally the same as a mothers but bringing proof is always the best course of action.




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