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Claery & Hammond, LLP Claery & Hammond, LLP
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Fathers' Rights

Los Angeles Fathers' Rights Attorney

What Are A Father’s Rights in California?

In the past, many men felt that they were discriminated against during family law cases and that they were at a disadvantage because of supposed traditional parenting roles.

At Claery & Hammond, LLP our Los Angeles fathers' rights attorneys work hard to preserve the rights of fathers. In a system that tends to favor mothers as the primary caretaker for children, you will need every possible advantage on your side, starting with an attorney.

In California as a father, your rights can include:

  • Blocking adoptions by another
  • Caregiving decisions
  • Extended visitation rights
  • Relocation by permission only
  • Rights to vacations, holidays, and school break blocks of time
  • Consistent scheduled contact
  • Traveling rights

Although the family courts are not supposed to favor mothers over fathers, it is important to ensure your rights and interests are protected during your court proceedings. By having powerful advocacy and smart legal guidance on your side, you will have a much better chance at obtaining the results you desire from your case.

An experienced fathers' rights lawyer from our firm can benefit your case by providing the legal knowledge and tireless protection of your rights that you need.

    Looking to learn more about fathers' rights in California? Contact us today! We offer free initial consultations.

    Protecting Your Rights as a Father

    As a father, it's important to understand and protect your rights when it comes to family law matters. Whether you're going through a divorce, seeking custody or visitation rights, or dealing with paternity issues, our Los Angeles fathers' rights lawyers are here to advocate for you.

    Some of the key areas where we can help protect your rights as a father include:

    • Establishing paternity to secure parental rights
    • Seeking fair custody and visitation arrangements
    • Defending against false allegations or unfair treatment
    • Negotiating and litigating child support and alimony matters

    At Claery & Hammond, LLP, we understand the unique challenges fathers face in family law disputes and are dedicated to providing strong legal representation to protect your rights and the best interests of your children.

    What Part Does ‘Paternity’ Play With a Father’s Rights?

    While married fathers have equal rights to their children in a divorce or child custody case, paternity plays a key role in situations where the child’s parents were never married. The term “paternity” means to legally establish who a child’s biological father is.

    If the child’s parents were married at the time of birth, then the mother’s husband is automatically presumed to be the child’s legal father. When a child is born out of wedlock, the child does not have a legal father until paternity is established.

    Under California law, until paternity is established, a father does not have any legal rights or responsibilities towards his child, even if he knows he is the biological father.

    If the father won’t admit that he is the child’s father by signing a voluntary Declaration of Paternity with the child’s mother, the court may have to order a DNA test to determine if he is the child’s father.

    What are the Advantages of Establishing Paternity in California?

    If you have a child and you were never married to the mother, you will need to establish paternity before the court can make orders for child custody, visitation, or child support. If the child’s mother is willing to sign the Declaration of Paternity with you, then you can proceed from there.

    On the other hand, if your child’s mother is not allowing you to be in your child’s life, or if she’s unwilling to legally acknowledge that you’re the father, you may need to ask the court for a DNA test so you can seek court orders for child custody or visitation.

    Representation for Fathers in Los Angeles Family Disputes

    We understand that when compared with mothers, fathers can sometimes be treated unfairly and are often denied equal preference with their children's mother. If you are involved in the following family law disputes, a family lawyer from our law firm can provide you with the help and legal support you will need during this time:

    Our firm understands that nothing is more important than your relationship with your children, and believes you deserve strong representation before the courts. Our team at Claery & Hammond, LLP can ensure your rights as a father are not violated and fight for your best interests before the family court.

    Other Common Questions About Fathers' Rights in CA

    Do Fathers Have a Right to Receive Child Support?

    Yes, just like mothers, fathers in California have the right to receive child support if they are the custodial parent or share custody of their children. California law recognizes that both parents have a legal obligation to financially support their children, regardless of gender.

    Therefore, if a father has primary physical custody or shares custody of the children with the other parent, he may be entitled to receive child support payments from the non-custodial parent.

    The amount of child support awarded in California is determined based on various factors, including each parent's income, the amount of time the child spends with each parent, the child's needs, and any special circumstances of the case. California uses a statewide guideline formula to calculate child support payments, which takes into account these factors to ensure that child support orders are fair and consistent.

    What If I’m Paying Too Much in Child Support?

    As a father, if you are struggling to pay child support, you have the right to request a modification of your child support order. California law recognizes that circumstances may change after a child support order is issued, and parents may experience financial difficulties that make it challenging to meet their child support obligations. Therefore, you can petition the court for a modification of your child support order if you can demonstrate a significant change in circumstances that warrants a modification.

    Here are some common situations that may qualify as a significant change in circumstances:

    • Loss of income: If you have experienced a substantial decrease in income, such as job loss, reduction of work hours, or changes in employment, you may be eligible for a child support modification.
    • Health issues: If you or your child experiences a significant health issue that affects your ability to work and earn income, you may request a modification of child support.
    • Changes in custody or visitation: If there has been a change in the custody arrangement or the amount of time the child spends with each parent, it may impact the child support calculation and warrant a modification.
    • Changes in expenses: If there has been a significant change in expenses related to the child's needs, such as medical expenses or educational costs, you may be eligible for a modification.

    To request a modification of child support in California, you will need to file a formal request with the court and provide documentation to support your claim of changed circumstances.

    Do I Have Rights as a Father If My Child Isn’t Born Yet?

    In California, a father generally has certain rights regarding an unborn child, but they may be limited compared to those of the mother. Until a child is born, the father's rights are primarily related to the legal establishment of paternity and the ability to take certain actions to protect his interests.

    Here are some key considerations regarding a father's rights to an unborn child:

    • Establishing paternity: If the parents are not married, the father may need to take steps to establish legal paternity. This can be done voluntarily through a Declaration of Paternity or involuntarily through genetic testing ordered by the court. Establishing paternity is essential for the father to assert his rights and responsibilities regarding the child.
    • Custody and visitation: In California, a father generally does not have legal custody or visitation rights to an unborn child. However, once paternity is established, the father can petition the court for custody and visitation rights after the child is born. The court will consider the best interests of the child when making decisions regarding custody and visitation.
    • Legal representation: A father has the right to seek legal representation to protect his interests regarding the unborn child. An attorney can provide guidance on establishing paternity, asserting custody and visitation rights, and ensuring that the father's rights are protected throughout the legal process.

    It's important for fathers to be proactive in asserting their rights and taking appropriate legal steps to protect their interests regarding an unborn child. Seeking legal advice early in the process can help fathers understand their rights and responsibilities and navigate the legal system effectively.

    Need assistance with claiming your rights as a father in California? Contact us at (310) 817-6904 to speak to our dedicated Los Angeles fathers' rights lawyers today.

    What Makes Claery & Hammond, LLP Different?

    It's Easy. We Put Our Clients First.
    • Featured Los Angeles Times Family Law Practitioners 

    • We Provide Unique, Tailor-Made Solutions for Each Client

    • We Offer a Free Initial Case Consultation
    • Our Team Has Over 50 Years of Combined Experience
    • Our  Attorneys Handle All Types of Family Court Issues
    • We Solely Focus on the Areas of Divorce and Family Law

    Contact Claery & Hammond, LLP Today!

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