FATHER’S RIGHTS IN CALIFORNIA
Nov. 14, 2019
We have all heard of the “dead-beat dad” stereotype, where some children of divorce rarely or never see their father because either the child doesn’t want to be with them, or the father simply doesn’t care. According to custodyxchange.com, a father in California will receive only 32.8% of child custody time after divorce, while just 20 states offer an equal 50/50 custody rule. We know that not all fathers are careless or uninvolved in their children’s lives and will fight for the fathers that want to be with their children. Our attorneys at The Law Offices of Steven E. Springer can answer questions you have about father’s parental rights in the state of California, and they can also help you fight to keep your kids in your life after your divorce.
WHY DO MOTHERS GET CUSTODY MORE OFTEN?
Years ago, there was a term called a “Mother’s State,” which deemed that the state puts preference toward the mother when settling custody disputes. Now, state legislation has gone in a more progressive direction by expressing that the custody agreement will be assigned on behalf of the child’s best interest. In other words, if both parents are equally fit to raise the child, they should get equal visitation rights. Let our attorneys discover what is in your child’s best interest and fight for a custody plan that reflects that.
CAN THE MOTHER KEEP YOU FROM YOUR KIDS?
Paying child support isn’t paying for the opportunity to spend time with your children. Similarly, failing to pay child support doesn’t give your ex cause to keep your kids away from you. When you first divorced, you signed a legally-binding contract for a custody agreement; if the mother withholds visitation, she is breaking that contract. Visitation is the child’s right and we will fight for that right on your behalf so you can continue to be present in their life. If your ex-wife is keeping your children away from you for any reason, let us know and we can help you find a solution.
DO I HAVE TO CONTINUE PAYING CHILD SUPPORT IF I NEVER SEE THEM?
On the same subject as above, it is worth noting that just because you are being kept from seeing your children, doesn’t mean you can legally stop paying child support. If you believe your ex-wife is keeping your children from you, you should work with your attorney to fix the problem. We will help you pursue enforcement of the custody plan that was initially agreed upon.
WILL YOUR CRIMINAL CHARGES IMPACT CHILD CUSTODY?
Depending on the type of charge, it may be more difficult to obtain child custody. Minor, unrelated arrests such as shoplifting may not affect the custody agreement at all. If you have been charged with a more serious crime, it will have a greater impact on how much custody you will get, or if you get any at all. Such charges include kidnapping, homicide, alcohol abuse, or domestic violence. In essence, if your crime involves children, the safety of yourself, or the safety of those around you, you should probably work with an attorney to find a strategy that works best for you.
WHY YOU NEED LEGAL ASSISTANCE
Our attorneys are here to break the “dead-beat dad” stereotype because we know you are better than that. You wouldn’t be searching for our services if you didn’t care about your children, and we want to carry that message into court. Our attorneys have experience with family law, divorce, father’s rights, and child custody/support cases. They serve the communities of Morgan Hill, San Jose, Fremont, Hayward, and everywhere in between for your convenience. If you’re in the area and need help fighting for your rights as a father, turn to The Law Offices of Steven E. Springer to help you pursue the results you are looking for. Contact us today to schedule a free consultation.