What Does a Father’s Rights to His Child Involve?

It’s ideal to fully understand a father’s rights to his child. Here’s helpful information to keep in mind.

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Introduction

Being a dad is just as important as being a mom. Yet, for some reason – even today – fathers can sometimes feel like they are second fiddle. Depending on the situation at hand, it may be possible to experience bias in the courtroom. But not always. Truth is, with the right legal counsel, fathers can feel as though they have just as many rights to the child as the mother. They may even succeed at obtaining sole custody.

A father’s rights to his child can vary based on circumstances.

Joint Legal Custody and Physical Custody

Joint legal custody is shared custody which means sharing time with the child – and sharing information and important decisions, too. In California, joint legal custody is the option of choice for co-parenting. It keeps both parents actively involved in the child’s life.

Parenting schedules, depending on the age of the child (or children) give guidelines for custody cases. Ideally, a 50/50 timeshare is what is best for all involved. Unfortunately, the courts know that this is not always possible for both parents due to work schedules. These things are taken into consideration when the court order is drawn up.

The Unmarried Father’s Rights to His Child

The laws in California are designed to do what is best for the child, despite the impact on the parents. And having a biological father play an active role in a child’s life is viewed as being in the best interest of the child. It is common for Judges to rule in ways that allow fathers to have these opportunities.

Here’s the catch: a father’s rights are not inherent. If an unmarried father wants to be involved, he needs to make it official in the eyes of the court. It doesn’t matter if both parents have an agreement in place between them – if it hasn’t been brought before the courts, the father has no legal rights to the child. Unless, of course, the mother agrees to sign a Voluntary Declaration of Parentage.

Hiring an attorney and petitioning the court is often the best route to take. And, once rights are established, a plan can be put in place for both visitation and child support. The plans for unmarried, single fathers are no different than that of a divorced father, for instance. A father is a father and, once they have been established, he has rights to the child.

Modifying Rights to Your Child

There are many different situations and dynamics that come into play when determining custody. People change, circumstances change, and so on. It is important to know that what your custody arrangement is today doesn’t have to remain that way. Your custody order is not permanent.

Maybe you have changed jobs and have more free time to spend with your child. Maybe the mother has been interfering with your visitation. Whatever the reason, you can request to have the order changed. You will need to show the reason you are seeking the change and how the situation is different from the previous order.

Don’t ever feel like what is ruled today as far as your rights to your children are forever – because they aren’t. With the right legal team, you can have your order modified so that you get the relationship with your children that is most beneficial.

Tips For Custody Battles: Maintain Your Rights

There are a few things you will want to focus on to ensure that you have enough proof/evidence/or support for the custody that you are seeking, whether joint or sole custody. Below you will find some tips that can help you make that happen.

Consider All Aspects. When trying to decide about the involvement you’d like to have, it is important to consider all aspects. If you provide support, you will need to have a job – and you will want to consider your job’s hours. But, don’t stop there. Consider the age of the child. Little ones will require more time, care, and energy. Daycare arrangements will have to be sought and so forth. Older teenagers will be in school – and can often manage until you get home from work.

Address False Allegations. Don’t allow false allegations to remain on record. Take the time to disprove them so that you move forward with a clean slate. Otherwise, you could find yourself battling in the future – and with these prior claims against you, it could cause an issue.

Joint Parental Decisions. If you are sharing the custody of your child, then all big decisions involving the health, welfare, education, and safety of the child should be agreed upon by both parents. If this is something that could be an issue due to things like conflict or abuse, then it needs to be addressed.

When a Father’s Rights are Violated

So, what happens when a father’s rights are violated? What if the mother is refusing to allow the father to see the child during planned visitation? Interfering with a child’s time with his or her father is a problem – and it needs to be addressed.

Document your correspondence noting the violations and request that steps be taken to conform to the agreement. This can be done electronically. If the mother continues to violate the custody order, you can move forward with legal action, such as filing a child custody modification request and/or a contempt action against her.

You must take action as soon as possible when the mother tries to cause disruptions in visitation. By doing so you are letting her know that you take your rights seriously. With the right help, you can benefit from knowing the right steps to take – and when.

Hiring an Attorney

Your relationship with your child is one of the most important in your life. Therefore, having an attorney on your side to ensure that you get every opportunity available to you is crucial. Look for someone who is experienced so that you can feel confident in the outcome.