f you’re a father, it can feel like the world is against you at times, especially when it comes to preserving your bond with your children. Although it should be obvious that fathers have a significant impact on their children’s growth and emotional development, this is not always the case.

Many others, influenced by conventional family values, regard a child’s mother as the most significant role in their lives. Despite this, California law gives both parents an equal chance to parent their children if they are born outside of marriage or divorced. The basis by which courts evaluate custody, visitation, and other significant aspects of a child’s life is to assess what is in the child’s best interest.

This can put the child’s needs ahead of the parent’s and, in some cases, their rights. However, fathers in California do have certain extremely important legal rights. 

Who Exactly Is Considered a Father?

Who is a father and who isn’t may appear to be a no-brainer, but establishing paternity for a kid can be complicated, as it is with practically every legal issue. Establishing paternity is critical in this case because it determines whether a man is legally deemed a father and has paternal rights over a child.

Under most cases, the law will presume paternity in the following situations:

• When a baby is born into a marriage, the child’s father is assumed to be the mother’s spouse.
• A baby is born, and whether or not the two are biologically related, a male human has lived with the child’s mother in a family-like manner, exhibited dedication to the child, and is regarded the child’s father.

Of course, there are extremely rare circumstances in which establishing paternity can result in a kid having three or more legal parents. Until the California Legislature revised the law in 2013, this was not the case. The discovery that a guy had fathered a kid with a woman who later married another woman prompted the modification in the legislation.

When the child was born into the women’s marriage, both of them were considered the legal parents of the child, forcing the biological father to struggle for parental rights. Despite the man’s failure, dads in similar situations can now battle for parental rights when they hear about children they produce, even if the kids already have two legal parents.

Important Custody and Visitation Considerations

When a father is legally recognized as a child’s parent, he obtains a number of significant legal obligations and privileges.

Here are a few things to think about:

• The Family Code of the State of California does not automatically favor the mother.
• You are not automatically entitled to custody simply because you are a father; rather, the judge must assess what is in your child’s best interests.
• Judges, like everyone else, have biases. This could include a prejudice against fathers, even if the bias was chosen incorrectly. If you believe a judge’s bias played a significant role in a decision against you, you have the right to appeal.
• One of the most common reasons for a divorce proceeding to trial is an unresolved custody disagreement.
• If the father wants to keep his visitation order or fight for greater time and custody in the future, he should follow it.
• What role each parent played in a child’s life prior to divorce is an important factor in their well-being, therefore being a decent father who spent time with and cared for his children is important.
• All parties involved will gain from positive co-parenting with your child’s other parent.

Do you require assistance in fighting to keep your rights as a father?

Spodek Law Group can assist you if you are a father who needs to fight for your parental rights. Our attorneys have a combined expertise of more than 50 years assisting our clients with all types of family law matters, including paternity and parental rights.

When it comes to advocating for our clients, we take a unique approach. That means you can count on our attorneys to consider your interests, concerns, and the specifics of your case while we battle for the best possible solution for you. Schedule a consultation with Spodek Law Group today to learn more about what we can do for you.

You can reach out to our firm by filling out an online form or phoning us.