Father’s Rights in California
California Divorce, Child Custody, Child Support, Termination of Parental Rights

Father’s Rights in California

Popular myth perpetuates the misnomer that mothers have more rights than fathers in divorce and child custody. This is simply not true. California law seeks to treat mothers and fathers equally unless a parent surrenders their rights or mitigating circumstances warrant different arrangements. Knowing a father’s rights in California is critical to avoiding serious mistakes during custody and other arrangements.

Attorney Judy L. Burger is a Certified Family Law Specialist in California who can explain more about a father’s rights and help you be treated fairly in child custody negotiations. Here are some important elements of a father’s rights in California.

Child Custody, Support, and Visitation and California Law

According to California Law Family Code Section 3020(b), children are to have “… frequent and continuing contact with both parents after the parents have separated or dissolved their marriage, or ended their relationship, and to encourage parents to share the rights and responsibilities of child-rearing in order to effect this policy, except when the contact would not be in the best interests of the child…”

Section (c) states, “… a court’s order regarding physical or legal custody or visitation shall be made in a manner that ensures the health, safety, and welfare of the child and the safety of all family members…”

Custody

Fathers should never assume that mothers automatically receive primary custody of a child. California law upholds equal rights for a legally established father to have primary custody of his child. He may also be eligible to receive child support from the mother.

Support

Non-custodial parents typically must pay child support according to state guidelines and the family’s court’s orders. This support agreement is calculated by reviewing both parents’ income, age, and other relevant factors. As stated earlier, fathers can be custodial parents and receive child support from a child’s mother.

Visitation

Fathers enjoy equal visitation rights to their children in California when there are no mitigating factors. Visitation agreements may include modified schedules for summer or holidays that even provide non-custodial parents with more time. In most cases, it is illegal for a custodial parent to prevent the non-custodial parent from visiting with their child.

Establishing Paternity in CA

Establishing your paternity is vital to enjoying your rights as a father. No custody, support, or visitation agreements including you may be established without this legal declaration. Married parents can establish this without legal action. Unmarried fathers may require a court action establishing their paternity. Family Law Attorney Judy Burger can help you legally establish paternity in California.

Declaration of Paternity

Unmarried parents may both complete and sign a Declaration of Paternity. This has the same status as a court order to establish paternity and doesn’t require going to court.

Petition to Establish a Parental Relationship

When there is a dispute between the birth mother and a potential father about paternity, the father may file a Petition to Establish a Parental Relationship and formally open a parentage case before the court. A family law judge will review evidence presented in court and establish or deny paternity. A birth mother may also file this petition to establish the parentage of her child’s father in order to secure child support.

Exercise Your Father’s Rights in CA

Fathers have the right to be part of their children’s lives in California. Don’t surrender your rights or otherwise accept a poor custody and visitation agreement as a father. The law guarantees you equal treatment to enjoy parenthood even after a separation or divorce. California Certified Family Law Specialist Judy Burger can explain more about fathers’ rights and negotiating equitable custody, support, and visitation agreements in a confidential consultation.

We have eight offices across California, including in San Francisco, Ventura, Silicon Valley, Oxnard, and Santa Barbara. Contact us today to schedule a free initial consultation to learn more.

 

Child Custody and Establishing Paternity
California Divorce, Child Custody, Termination of Parental Rights

Child Custody and Establishing Paternity

Children deserve to have a strong bond with good parents and be protected from inappropriate, dangerous, or abusive behavior. This is why child custody matters are so critical. Obtaining custody of your child and establishing paternity can be a tough challenge, but experienced legal guidance and representation can help.

Attorney Judy L. Burger is a Certified Family Law Specialist in California with extensive experience in child custody and paternity cases. She discusses these vital issues below.

Why Is Paternity So Important?

Establishing a child’s legal parentage is critical because many things depend on it. Legal parents have significant rights and responsibilities that directly influence the child’s well-being.

Legal parents:

  • Can ask for custody and visitation
  • Are required to support their child financially
  • Are listed on a California birth certificate
  • Can bequeath financial benefits to their child
  • Can guarantee U.S. citizenship, even if the child was born outside the country

Determining a child’s legal parents can involve emotional and complex issues and is best handled with the guidance of a family law attorney. Judy Burger can help you establish parentage of a child in California.

Ways to Establish Legal Parentage

California law establishes legal parentage in the following circumstances:

  1. You are the child’s birth parent (not a surrogate)
  2. You and the other parent were married or registered domestic partners when your child was born or conceived 
  3. You and the other parent filed a Declaration that establishes you as the legal parents
  4. A judge determined that you are a legal parent in a court case

You and the other parent can establish legal parentage for your child by completing and filing a Voluntary Declaration of Parentage (VDOP) form. This is typically done when the child is born but can be completed later. This becomes a binding legal document similar to a court order.

A California Family Law Court can determine the legal parentage of a child and establish child custody and support orders if necessary. California law allows fathers up to three years after the child’s 18th birthday to legally establish paternity.

Father’s Rights and Paternity

California law distinguishes between a “parent” and a “biological father.” Once the biological father has established his parental rights, he can legally request custody or visitation, pay or receive child support, and make decisions on the child’s behalf. The mother cannot deny the father’s legal rights once paternity has been established unless exceptional circumstances have been recognized by the court.

Although a man may be the biological father of a child, paternity can only be legally established through adoption, marriage, or a court order. If a child is born outside of marriage or as a result of an extramarital affair, the biological father has no legal rights. In such cases, the woman’s legal spouse would automatically be granted paternity rights over the child. However, a biological father has up to two years from the date of the child’s birth to petition the court for a paternity test.

Experienced CA Child Custody and Paternity Lawyer

Judy L. Burger is an experienced CA Child Custody and Paternity Lawyer with eight offices across the Golden State. She is a Certified Family Law Specialist with extensive knowledge and expertise in handling volatile and complex cases where paternity is an issue and child custody questions are at stake. When your family life and responsibilities are in question or other problems arise with paternity, Ms. Burger can help you fight for what is best for your child.

Contact her nearest office today to schedule a confidential consultation to discuss your situation and get sound legal advice. Judy and her team care, and we know how to help.

Child Custody

Basic Paternity Rules in California

Father CustodyEstablishing Paternity

When a woman gives birth to a child, California law automatically recognizes that woman as the mother of the child. If the woman is married and living with her spouse, then her husband is recognized as the child’s father. However, if the two parties are not married, then the law only recognizes the father if paternity is legally established. Establishing paternity grants the child all the benefits and rights of children born to parents that are married, and can be very important for the child if the parents become separated, divorced, or were never married in the first place, especially if the father is interested in retaining proper custody and visitation rights. Also, establishing paternity allows the child to be legally entitled to child support during the father’s life and possibly inheritance or other death benefit upon the father’s death. Establishing paternity benefits the child in a number of ways.  Children are entitled to have legal proof of both parents’ identities, family medical records in case of an inherited condition, life or medical insurance if the parents have it, and financial support from both parents. At the Law Offices of Judy L. Burger, we will actively pursue the best strategy to achieve the best possible outcome for you and your child in legal family matters.  Judy L. Burger is known for her tenacious representation of clients in high conflict cases in and around the San Francisco Bay and Sacramento areas.  If you are a parent facing a divorce, custody dispute, or other family law issue, call us today to learn more about how we can help.  Call (415)293-8314 in the San Francisco Bay area or (916)631-1935 in the Sacramento area, or contact us online via our confidential inquiry form.
Adoption

Notifying the Other Birth Parent of an Adoption

iStock_girl w sunflowerAdopting a stepchild or domestic partner’s child is a fairly common milestone for many families.  Adoption has the effect of uniting a family while legally terminating the parental rights of a birth parent who has little or no involvement in the child’s life. In many cases, the uninvolved birth parent will consent to an adoption. It is also possible to carry out an adoption without his or her consent. Allowing an adoption without a parent’s consent is a serious matter, so a court will not proceed until the uninvolved birth parent has had a chance to present his or her objections. If possible, one way to speed up an adoption case is to get the uninvolved birth parent’s written consent to the adoption. If written consent is not possible, then the prospective adoptive parent must locate the uninvolved birth parent and provide a last known address to the court. If the uninvolved birth parent cannot be located, the prospective adoptive parent must convince the court that he or she made a good faith effort to find the uninvolved parent and notify him or her of the adoption proceedings. A stepparent or domestic partner adoption should be a joyful time for your family. Talk to an attorney experienced in California family law to help make sure the process goes as smoothly as possible, without any unexpected surprises along the way. Judy L. Burger is an experienced California family law attorney serving the San Francisco Bay area and Sacramento area.  If your family is considering an adoption, call us today to learn more about how we can help.  Call (415)293-8314 in the San Francisco Bay area or (916)631-1935 in the Sacramento area, or contact us online via our confidential inquiry form.