Knowing Your Fathers Rights CA

By Georgia Diaz


Traditionally the fathers rights CA have taken a back seat to the mother's rights. The judicial system has always leaned towards the mother when awarding physical custody of children. There have been some changes in the past decade that have allowed the dad to exercise more control over the child rearing process.

Stay at home dads have had a major impact on the decision making process. The amount of time spent on a day to day basis is very important. With women taking over the role of bread winner in so many households the judicial system has been forced to consider the male role in the up-bringing process in a more positive light.

The judicial system prefers that parents work out the custodial issues between themselves. In the event that they cannot do this the courts will step in and make the decision. Many parents choose to share legal custody of children with one parent being the primary custodial parent. When this agreement is made both parents may make decisions regarding health, legal and care issues with or without the other parents input. Communication is the prime factor that will make this arrangement work.

Others choose to have split custody with each parent having custody fifty percent of the time. The courts allow the schedule to be laid out by participants because they are most familiar with their time constraints. Getting exactly half of the available time would be impossible and courts do not expect them to be that precise. In both of these cases the decisions for care, health and legal issues are shared by both parents.

An unwed father has no rights at all pertaining to children unless he can prove to the court system that he is the biological father. If uncontested a father can testify stating under oath that he is the father and the court may accept that as enough proof. If a father attends the birthing and both parents sign a waiver his name will be on the birth certificate naming him as the father. If neither of these are in place then you can have genetic testing done to determine if you are in fact father to this child.

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.

Should you be ordered to pay child support the court system will enforce payment aggressively. The courts are entitled to garnish your wages, take away your driver's license, or even incarcerate you if you do not pay the ordered support. In extreme cases they have been known to garnish the social security benefits of people who have grown children but who still owe back child support. The one thing that is not affected is the visitation of your children. The mother cannot restrict or deny visitation due to non-payment issues.

Keeping all of the court orders and documentation proving that you are the father is imperative. Should disputes arise between the principal parties you may need to produce them to retain your fathers rights CA. They may also be necessary should you decide to go back to court to attempt modification of current orders for support or visitation.




About the Author:



No comments:

Post a Comment