Knowing Your Fathers Rights CA

By Georgia Diaz

For many years the court system was biased towards the mother when awarding child custody. That has changed in the past ten years and many factors are taken into consideration when determining the fathers rights CA. The first consideration is always the best interests of the child.

The best interests of the child is one of the determining factors when the court passes judgement. In a two income household the determination will be made on a basis of who is most qualified to be supportive mentally, physically emotionally and financially. This can be a long drawn out process if there is stress between the parents.

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.

Visitation is allowed whether or not you are paying court ordered child support. The custodial parent may not withhold permission for the children to see their father. The mother also is not allowed to move out of state or over one hundred miles from the original home listed in the divorce without the consent of the father. Child support laws are enforced in various ways including revocation of driving privileges, garnishment of wages, tax return seizure and in extreme cases even incarceration.

Legal documentation of your proof of parentage and all court rulings is very important to have. You will need it to prove that you are the legal father and that you have certain rights regarding the child in question. You will definitely need them should you need to go to court again. Many say that a fathers rights CA are the same as a mothers but one must remember that a woman does not need to prove parentage.

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