Fathers feel the inclination to protect their children from the challenges of dysfunctional family issues, especially when the couple is about to have a divorce. They would also want to fight for custody just as much as any parent would.
This article will provide information on the topic of how difficult it can be to have full custody as a father.
Consult with one of our family law attorneys for expert advice on child custody.
How Is Child Custody in California Determined?
Mothers used to have all the advantages when it comes to winning the custody case of the children. However, the law today already considers essential factors that determine the capability of both the mother and father to provide for the needs of the children and ensure their general well-being.
In the State of California, it’s important to understand the varying types of child custody laws.
The following are the fundamental basis of child custody and visitation orders:
- The court does not automatically grant custody to either the mother or father based on the child’s age or sex, and it does not legally matter if the parents are married or not.
- Physical disability, sexual orientation, different lifestyles, and religious beliefs are not grounds for denying custody or visitation rights to any of the parents.
- The mother and father have equal rights to fight for the children’s custody and having visitation rights. It’s possible for either parent to get full custody or for both of them to share custody, according to the court ruling.
- For shared custody, the judge will approve an arranged parenting plan for the division of responsibilities and time allotments. Both parents are legally disposed to follow the court order on the custody and visitation agreement.
- If the parents can’t come to an agreement, they shall meet with a mediator from Family Court Services, and then the judge shall come up with the final decision through a court hearing.
- The family court judge shall decide on the custody while considering mainly the “best interests of the child.” A few considerations include the child’s age, health, emotional ties between the parents, ties to the school, home, and community. Along with that, the judge must also look into the parents’ ability to care for the child in terms of emotional, financial, psychological, and physical needs.
- The court will assign child support orders, which are entirely separate from the custody and visitation agreements. This suggests that even if a parent is unable to meet child support orders, the other parent can’t deny the custody or visitation rights granted. Also, a parent cannot threaten the other of not contributing to the child support order just to let them see your children. However, the child support order affects the time element of the custody and visitation rights, depending on the amount of support that a parent can provide.
In conclusion, if the father has a good standing with the court when it comes to providing the child’s needs, he has just as much fighting grounds for the child or children’s custody, according to a leading Woodland Hills divorce attorney, Leon F. Bennett.
Child Custody Attorneys in Los Angeles
Parents who are going through a divorce must prioritize the welfare of the children. You can make custodial and visitation arrangements under the advisement of a legal representative, even without a court order. However, the court cannot enforce it if one fails to follow the terms. The court can only require the parents to follow the parenting plan if the family law judge approves it as a legal court order.
Reach out to us for inquiries about custody and visitation agreements! Our expert child custody attorneys can help you throughout the process.