Under California law, it is considered public policy in child custody-related matters that a child should have frequent and continuing contact with both parents. It is also generally considered to be in the best interest of the child for both parents to share in the rights and responsibilities of raising the child even after the parents separate.
But many California fathers, based on common misconceptions and outdated stereotypes, mistakenly believe that they have fewer rights simply because they are a father.
Fortunately, this is not the case. If you have questions about your rights as a father, speak with a Redlands father’s rights lawyer today. At the Gramling Law Group, we believe that every father deserves rigorous representation to defend their rights and fight for their family. Use our guide below to learn more about your rights and see how a father’s rights attorney in Redlands, CA, can help you move forward.
An Overview of California’s Child Support, Child Custody, and Visitation Laws
Understanding your rights as a father requires a basic understanding of certain issues that frequently come up in child custody-related matters. Below are some key aspects of your rights as a father, including child custody, child support, and the best interest of the child standard.
Child Custody
Child custody in California refers to parental rights and responsibilities. There are two types of child custody:
- Legal custody—which involves who makes important decisions about the child, such as their healthcare, education, and general welfare; and
- Physical custody—which involves who the child lives or stays with.
Under California Family Code § 3080, there is a presumption that joint custody is in the best interest of the child. This presumption holds unless the court finds that joint custody would not be appropriate under the circumstances. For instance, if one parent has a history of abusing the child, the court would very likely find that joint custody is not in the child’s best interest. Absent such an extraordinary circumstance, the court presumes the father and mother should get equal time with their child.
Child Support
There is a common misconception that the father always pays child support to the mother. But this is not always the case.
Rather, Under California law, both parents must typically share the financial responsibility for raising and supporting their children. And that financial responsibility is not waivable. But the parents can agree on how to share this responsibility. But if the parents cannot agree, the court can order either party to pay child support to the other parent according to the child support guidelines.
In calculating child support, California courts will use certain guidelines that look at factors such as:
- The income of each parent,
- How each parent files taxes,
- How much time each parent spends with the child, and
- Any other factor the court deems relevant.
To get a general sense of how much child support you could be required to pay, you can use the free Child Support Guideline Calculator through California Child Support Services.
The Components of a Parenting Plan
Along with discussing custody, the parents and their attorneys may also negotiate the terms of a parenting plan. As the name suggests, the parenting plan is the roadmap for how the parties are to share in the rights and responsibilities of raising their children.
A parenting plan addresses issues such as:
- How the parents will make decisions about the health, education, and welfare of the child;
- Where the child will live;
- When the child will see and be with each parent; and
- The circumstances for any visits (e.g., open, scheduled dates and times, supervised, etc.).
Parents can also include any other relevant information about raising the child in the parenting plan, so long as they are in agreement.
Note, however, that even if the parents agree to all terms of the parenting plan, it will not be effective until a judge approves it and issues a court order confirming the terms. Additionally, if the parties cannot agree to a parenting plan, the judge will decide the terms and issue the court order.
Thus, unless and until the court enters a court order, both parents will have the same rights to their child.
Best Interest of the Children Standard
In making any determinations regarding child custody and child support, the court’s primary consideration will be the best interest of the children. In determining what is in the best interest of the child, California courts will consider factors such as the following:
- Age, maturity, and health of the child;
- Relationship between the child and each parent;
- Each parent’s ability to support the child;
- Existence or absence of abuse or neglect in the home;
- Each child’s emotional ties to their home, school, and community; and
- Expressed preferences or desires of the child regarding parenting time—where appropriate, depending on their age and maturity level.
The court may also consider any other relevant factors.
A father’s rights lawyer in Redlands, CA, will know what it takes to fight for your rights and zealously advocate on your behalf. They know how to show the judge that what you are seeking is, in fact, in the best interest of your child.
What a Father’s Rights Family Law Attorney Can Do For You
When you’re facing child custody, child support, or other related issues, a qualified family law attorney can be an invaluable asset to your case.
An experienced Redlands father’s rights attorney can help you:
- Evaluate the strengths and weaknesses of your case;
- Negotiate with your spouse or your spouse’s attorney;
- Review, draft, and file court documents;
- Tailor a parenting plan suited to your situation;
- Appear in court on your behalf; and
- Fight zealously for your rights and interests as a father.
While hiring an attorney is not required, having someone in your corner is often the best thing you can do to protect your rights moving forward.
Gramling Law Group—A Firm You Can Count On
At Gramling Law Group, we pride ourselves on providing elite representation for family law matters at the most affordable rates.
We know how important and life-altering family law matters can be, and we also understand the emotional and financial toll the process can have on families. That’s why we’ve dedicated our practice to helping our clients get the legal representation they need at an attainable price point.
If you are in need of a father’s rights attorney, look no further than the Gramling Law Group. Give us a call to discuss your case and see how we can help you right for your rights today.