Fathers play an essential role in the lives of their children. Luckily, California state court recognizes that and actively works to protect it. While society indicates that courts favor the mother during custody cases, this has been deemed false in California. The courts’ focus is doing whatever is best for the sake of the children. Having their best interests in mind is ultimately what gives fathers the ability to consistently be there for them and actively participate in their lives.
Even though this is how the courts operate, the parental rights of fathers can often be challenged or tested by former spouses when it comes to separations. This is why it’s important to understand the best practices to prevent your rights as a father from being negatively impacted.
Understanding Fathers’ Parental Rights in California
Under California law, fathers have the same legal rights as mothers as far as custody and parenting rights are concerned. The courts don’t have a predisposition siding with one parent over the other based on gender. Judges instead focus on what is best for the child, which usually involves active involvement of both parents.
Fathers have the legal right to seek legal custody of their children, which involves decision making power when it comes to parenting decisions, along with physical custody. All these rights apply whether the father is married, divorced, or separated. Having a general understanding of these rights should be the first thing a father does to ensure a fair decision-making process when the court steps in.
Seeking Custody and Parent Time Through the Court
When fathers want to formally demand their rights as parents, the family court system in California is the main way of approaching it. In San Diego, custody and parenting time requests are usually handled through the Superior Court. Fathers can request either legal custody, physical custody, or a combination of the two based on their own individual goals.
The courts require parents to submit a parenting plan that is as detailed and specific as possible. Judges will normally handle these requests through assessing factors like the child’s emotional well-being, their age, and the parent’s individual abilities to maintain healthy relationships amongst one another. A good rule of thumb for fathers specifically is to be as child-focused as possible in order to strengthen their case. Even though the process can feel overwhelming, properly taking advantage of the court system is what helps enforce parenting time agreements for the benefit of both the parents and the children.
Demonstrating Active and Consistent Parenting
California courts place a high-level value on parent involvement in the child’s life. Fathers who can show that they consistently show up for their children are automatically in better positions than those who don’t. Examples would be attending school events, parent teacher conferences, and taking children to medical appointments.
Consistency is just as important as effort. Courts tend to focus on patterns that showcase a fathers’ commitment. The best way to keep track of these events is through documentation and records. Having a written journal or an electronic way of tracking such as through an app can go a long way in the judge’s eyes. Being able to show how your children benefit from your active involvement helps establish a foundation showing that continuing to have you there would be in the best interests of the child.
The Main Mistake to Avoid that Can Impact Fathers’ Rights
Even if fathers have good intentions, there are mistakes that can be made that significantly weaken their legal claims. A main common error made is failing to follow court guidelines pertaining to existing orders. The courts monitor these orders closely to make sure that they’re being properly followed. Even small violations can make or break a custody case.
Seeking Legal Help
If you’re looking for help with your case, Men’s Legal Center in San Diego has a team of experienced attorneys that are ready to give you the proper representation. Reach out for your free case review as soon as possible.