The judicial system has a long history of favoring maternal care for children in custody cases. The bias is based in the concept that the mother has better skills for tending to upbringing than can be expected from a father figure. The fathers rights CA have been expanded in the past few years and now can include the same legal options that are offered to a mother.
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.
The person who has physical custody may not disallow visitation to you based on nonpayment of child support. According to the law one has nothing to do with the other. Out of state moves or distances further than 100 miles also cannot be done without permission from the non-custodial parent. On another level California is very aggressive regarding collection of back child support.
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.
Read more about Knowing Your Fathers Rights CA visiting our website.