Law Offices of David P. Schwarz Family Law Lawyer

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Aggressive defense of your rights in all matters relating to family law as well as criminal law

Attorneys Recognizing And Protecting The Rights Of Fathers

Both the mother and the father play a vital role in the upbringing of a child. Even if the parents are divorced, a child typically benefits from both parents being actively involved in their life. Fathers in California technically have the same rights as mothers.

At the Law Office of David P. Schwarz, we help fathers assert their parental rights. With more than two decades of legal experience, our attorneys understand the nuances of California family law and can serve as your trusted legal advocates.

What Rights Do Dads Have In Custody Matters?

Fathers’ rights may involve a number of areas that permit a father to take an active role in a child’s life. Some of these areas include a father’s right to:

  • Maintain an ongoing relationship with their child
  • Spend time with their child regularly
  • Make decisions on behalf of their child
  • Participate in co-parenting and joint custody agreements

Under California law, there is a presumption that ongoing and frequent contact with both parents is beneficial for a child. The law does not favor the mother over the father or vice versa. Instead, all child custody and visitation determinations are guided by what is in the best interest of the child. The court has broad discretion to examine any and all factors that may be relevant to this determination.

The Two Types Of Child Custody In California

Fathers in California may seek legal and physical custody of their children. Legal custody refers to the right of parents to make important decisions about a child’s education, health care and general welfare. Legal custody may be joint or sole. If a father has joint legal custody, he will be able to make important decisions regarding the child, as will the other parent. If a father has sole legal custody, he will be the only parent who has the right to make major decisions regarding the child’s welfare.

Physical custody denotes the time that a child is physically in a parent’s care. Physical custody may also be joint or sole. Joint physical custody means that both parents have significant periods of time with the child. Sole physical custody means that a child resides with one parent and typically has visitation with the other parent.

Don’t Let Other Issues Prevent You From Seeing Your Children

Some fathers believe that if they are behind on their child support obligations, they will not be able to see their child. This is not true. A father’s visitation issues must be addressed independently from other issues in a divorce. For example, visitation orders may not be conditioned upon issues like child support payments, a parent’s sexual orientation or a parent’s religious beliefs.

Discuss Your Rights And Options With An Experienced Attorney

As a father, you have important rights when it comes to your children. At Law Office of David P. Schwarz, our experienced attorneys can help protect these rights. We understand that you are dealing with extremely sensitive circumstances, which is why we are committed to providing compassionate representation at every step in the legal process. To schedule your initial consultation, call 949-296-4119 or contact us online.