Why Fathers Need to Protect Their Rights Early
As a man, it’s common to fear losing time or decision-making power when it comes to your children during a divorce. While California is a gender-neutral state, fathers still need to be proactive when it comes to ensuring their rights as parents are untouched.
A San Diego divorce lawyer would hold the job of helping fathers make their way through custody battles and parenting plans while avoiding minor mistakes that could lead to major problems. Fathers who try representing themselves without proper legal counsel tend to fall through the cracks and make these mistakes that become detrimental for their cases.
Understanding California’s Custody Laws
California operates using the best interests of the child as their standard listed under Family Code §3011. The primary needs that the court focuses on is the child’s safety, stability, and their relationship with each parent. It’s important to note that the court does NOT favor the mother, and it ultimately wants the child to have a relationship with both parents as long as it’s safe and positive. A lawyer is the person that helps fathers demonstrate their levels of involvement and abilities to foster a positive environment for their child, so consulting one will only benefit you.
Building a Strong Case for Custody and Parenting Time
The way to build your case for the courts is to have written documentation of daily involvement, school activities, medical appointments, etc. Being able to gather evidence that supports a ruling for shared custody or even primary parenting time is essential. Another area to consider is being prepped for court. Your attorney will make sure that you are well equipped to represent yourself during any mediation or court appearances. Finally, you’ll want to create a detailed parenting plan that demonstrates that you’ve put thought and effort into prioritizing being actively involved in your child’s life. Once again, a licensed attorney can help you perfect this.
Protecting You from Common Custody Issues
There are certain elements to a divorce that can make the father look bad or result in custody issues that people don’t even realize. Moving out of the family home too quickly, sending aggressive messages to your spouse and just general poor communication with your co-parent are all ways that can hurt your case.
One of the purposes of a divorce lawyer is to help you avoid making these errors which courts tend to weigh heavily on when coming up with custody outcomes. The general rule of thumb is to not behave out of emotion. Making sure you keep in mind the end goal of having an amicable co-parenting relationship for the benefit of both you and your children should be what drives you to keep composure. Lawyers also help you in court by protecting you from false allegations which can unfortunately come up in the process.
Modifying or Enforcing Existing Custody Orders
While staying organized and diligent during the initial divorce is important, it’s just as necessary to stay organized beyond that time. Addressing any changes in your work schedule, relocation, or safety concerns pertaining to the child are all relevant and could require amending custody orders. Lawyers help fathers file for modifications and prove why these amendments ultimately act in the child’s benefit. These attorneys also help enforce orders that are already in place if either parent is violating them.
Taking Action
A divorce is already a stressful situation. Adding parental custody to the mix only makes things harder, which is why prioritizing good legal representation to help you as much as possible is so crucial. Men’s Legal Center located in San Diego has a team of experienced attorneys that are here to help you. Make sure you reach out to schedule your complimentary case review as soon as possible, so that your rights as a father are protected and your relationship between you and your child can thrive.