Statistically speaking, when it comes to custody battles, mothers often win more than fathers. This can be a discouraging statistic on top of an already overwhelming process. As a father, your chances of getting custody of your child usually improve with the assistance of a local child custody lawyer. They will be able to answer your questions, such as “What rights do fathers have in California for child custody?” and “What do judges look for in custody cases?”
Fortunately, you do not need to face the legal custody world alone. Having the right representation can be the difference between achieving your desired outcomes and watching them get taken away. You deserve a fair shot at getting custody of your children. You just need to know where to start.
What Rights Do Fathers Have in California For Child Custody?
Statistically, only 20% of custodial parents are fathers, with mothers having custody in 80% of the cases. Even this number, is an increase from decades prior. In California, fathers and mothers have the same rights as one another when it comes to child custody. You may feel that the system is biased, but the law is not. It is important for you to know your rights so that you and your legal representation can strategize for your unique case.
Generally speaking, there are several categories these rights fall under. They are as follows:
- Equal decision-making: This, simply put, covers the right to joint custody. Barring any extreme circumstances, fathers and mothers are equally given the right to make parenting decisions, including medical, educational, religious, and recreational decisions.
- Equal parenting time: California is a 50/50 state, meaning fathers and mothers are both entitled to try getting half of the custody time of their child. Sometimes, the 50/50 custody arrangement does not work, but it is a good idea to fight to get as close to it as possible if you wish to have nearly equal custody time.
- Equal right to modification of custody: Custody may be modified for a number of reasons. For example, if a mother is trying to withhold the children, the father may inform the court of her endeavors, and the court may grant him more time due to the mother violating their legal agreement.
- Equal right to be protected against false allegations: False allegations can lead to detrimental results. If you are accused of harming the children or withholding care, the court may consider it grounds for removing the children from your care. You have a right to protect yourself from these kinds of allegations. Having a local custody lawyer on your side can make a huge difference in how well-protected you are, and since the court can sometimes be biased against fathers, you will want to stack your deck with useful resources as much as possible.
While you have equal rights, you may still struggle to build a compelling case. This is when having a custody lawyer can make a huge difference.
The Benefit of Hiring a Custody Lawyer
The legal team at The Dorie A. Rogers, APC, knows the law inside and out, and they will be able to help you understand and fight for your rights.
An experienced lawyer will be able to navigate the court’s potential bias against fathers and build a compelling case on your behalf. They will also be able to guide you every step of the way, cutting down on confusion and helping you avoid common pitfalls of which you may be unaware.
On top of this, you will benefit emotionally from having a knowledgeable and compassionate advocate on your side. Child custody battles can be exceptionally painful and tense. Your child custody lawyer will be able to mediate arguments on your behalf, as well as help you de-escalate situations.
This is a difficult path to walk, but there are legal professionals who are prepared to walk it with you, pointing out the right direction to go and supporting you during your hardest times. You deserve an equal shot at getting custody of your beloved child, something The Dorie A. Rogers, APC, knows you are prepared to fight for.
FAQs
Can a Mother Keep the Child Away From the Father in California?
In the state of California, it is illegal for a mother to keep the child away from her father without having a court order in place. If the mother has legitimate reasons to withhold visitation with the child’s father, she must get a court order issued first before she can keep the child away legally.
How Much Does a Custody Lawyer Cost in California?
The final price of a custody lawyer in the state of California differs case-by-case and depends on a few different factors, such as the level of complexity of the case, the length of time the case requires, and the lawyer that you hire. The team at The Dorie A. Rogers, APC, can do everything possible to see that the time and money you spend on this case will lead to an outcome with which you are happy.
What Are the Odds of a Father Getting 50/50 Custody in California?
In the state of California, fathers have an equal chance of obtaining 50/50 custody of their children as mothers do. The choice will not be made based on gender but rather on other factors, such as the safety of the child, the option that creates the most stability for their life, and whether or not a parent is able to provide for the child’s needs.
What Do Judges Look for in Child Custody cases in California?
When looking at the entirety of the case, judges in the state of California usually focus on four things:
- What is in the child’s best interest
- How much each parent is able to care for the child
- What will lead to the most stability for the child’s home, school, and community
- How both parents interact with one another
Get Help Today
The potential of losing custody of your children is a terrifying and overwhelming prospect. Fortunately, you do not have to face the legal process alone. There are experienced lawyers at The Dorie A. Rogers, APC, who are ready to help you start building a compelling case and negotiating on your behalf. Contact us for a consultation today.
