Palm Springs Father’s Rights Lawyer

Palm Springs Father’s Rights Attorney

Every child deserves the influence of two parents, and every father who fights for their right to be in their child’s life deserves the opportunity to do so. It is an unfortunate fact that, culturally, mothers are seen as more parental than fathers, particularly during the divorce process. Thankfully, California law does not see it that way. If you are a father in Palm Springs dealing with a custody battle, find an experienced Palm Springs father’s rights lawyer.

What Are Father’s Rights?

In California, mothers and fathers are on equal footing as parental figures, and custody is not awarded based on gender alone. A father has the right to petition the court for full custody from the mother, as well as the right to petition the court for child support from the mother. However, a custody battle is never easy. It can be stressful, painful, and life-changing, and it has the potential to turn ugly in some cases. It is important to never lose face and to keep the interests of your children in mind.

Legal Parentage

Going to court for a custody battle opens you up to difficult situations. You may not automatically be recognized as the parent of your child. It is important that you be able to prove your parentage with authorized documentation. You are considered a child’s legal parent if:

• You are the child’s parent by birth.
• You and the other parent were married or legally partnered when the child was born or conceived.
• You and the other parent filed a formal declaration that officially established you as the parents of said child.
• A judge determined you as the legal parent in a court of law.

Legal parents have certain rights and responsibilities to their children. A legal parent:

• Can petition the court for custody and visitation rights.
• Is required and expected to provide financial support to the child.
• Is listed on a California birth certificate as the parent.

The Four Types of Child Custody

There are four different types of child custody in Palm Springs. It is important to be familiar with all four in case one of them pertains to your situation.

• Legal Custody: Legal custody determines which parent makes the significant decisions for the child’s welfare (healthcare, education, etc.). When you have legal custody, you determine how the child will be raised. Sole legal custody involves one parent, while joint legal custody involves both parents.
• Physical Custody: Physical custody is when the parent has the right to have the child live in their house. In the case of sole physical custody, one parent is the primary caregiver, and the other could have visitation rights.
• Sole Custody: With sole custody, the child lives with one parent exclusively. That parent has both legal and physical custody of the child. One parent has the power to make parental decisions, and the other has none.
• Joint Custody: With joint custody, both parents share the parental responsibilities. They may not be living together, but they are both equal parents.

Pursuing Father’s Rights

As a father seeking parental rights in court, it is important that you familiarize yourself with the various processes and legalities you will be immersing yourself in for the foreseeable future. Seeking out an experienced father’s rights attorney is a great first step toward cementing your involvement in your child’s future. A father’s rights attorney can help you understand how to file for child support, work out visitation rights, and develop an effective plan for custody should it be necessary.

FAQs

Q: What Rights Do Fathers Have in California for Child Custody?

A: Some would say fathers have to fight twice as hard to be recognized as primary parents by the courts. Whether this is true or not, it is important for fathers to prioritize their rights to their children. These could include deciding on their child’s religious upbringing, education, and health care, working out and abiding by custody agreements and visitation schedules, and filing for a change in custody if the other parent does not follow the established guidelines.

Q: Do Fathers Have Rights in California?

A: A father has as much right to raise their children as a mother does. If a judge has made a decision that is unfavorable to you and you are unable to exercise your parental rights, seek out an experienced father’s rights attorney right away. They can help you draft an appeal and ensure that you are a part of your child’s life. Fathers have these rights whether they are married, divorced, separated, or unmarried.

Q: How Is Paternity Established in California?

A: Paternity for a child is established through DNA testing or the existence of a paternity affidavit. Many fathers think that if they are not married to the mother of their child, they have no rights to the child. This is false. If the parents are not married when the child is born, both parents can sign a Voluntary Declaration of Paternity form, which acknowledges both as legal parents. It is important to establish a legal or biological connection to the child you are fighting for early on.

Q: Can a Mother Stop a Father From Seeing a Child in California?

A: The short answer is no. Legally, neither parent can stop the other parent from seeing their child unless there is a court order in place. A court order can stop one parent from seeing their child if they are a danger to the child or the other parent in some capacity. Blocking another parent from seeing their child without a court order can be extremely problematic to their custody case and could result in a loss of custody.

Find the Palm Springs Father’s Rights Attorney Who Works for You

Fighting for your parental rights as a father is a difficult road, but not one you have to walk alone. At Edgar & Dow, we have the experience and the compassion to guide you through a potentially difficult situation with grace, knowledge, and dignity. A father is a parent, too. Contact us to schedule a consultation today—we are ready to help you fight for your children.