What Are Your Rights As A Father During A California Divorce?

In many countries and in some parts of the US, mothers are given more preference than fathers when it comes to a divorce. Previously, courts would award custody to the mothers stating that mothers are more caring and ‘nurturing’ than fathers. In recent times this view has changed. At least in California both sexes are given equal preference. The internet is flooded with articles about mother’s rights but what about the father? It’s time we had a look at the rights men are entitled for in a divorce case.

What are father’s rights?

The role of the husband or father in a family often goes unnoticed due to the notion that they are not too ‘involved’. But studies have shown that when both parents are present in a family, the child does better in school and home. As a father your rights include spending time interacting with your child, having a say in important discussions, and participation in parenting. It also includes looking after his child’s education, health, happiness and welfare. You should also be aware that you do not need a court order to exercise these rights since your custody rights are already established.

Why should fathers be aware of such rights?

As a father, you should be aware of your roles, responsibilities and rights concerning your child. A father is no less important to a child than his mother. If you are a couple, then it is already an established fact that the child is yours but if you are unwed then you must prove your paternity. Understanding the rights will give you a clear understanding of things that you can and cannot do.

Mistakes husbands and fathers should avoid

One of the worst mistakes that you need to avoid if you are divorcing your spouse is to try and outspend her. Now your lawyer might tell you to do that but try and avoid it at all costs. Similarly, don’t be over generous over financial matters. It might cause more damage than the first mistake. Next, never ever surrender your fathers’ rights on parenting time. You need to remember that the California law is unbiased and both parents are treated equally. There is absolutely no reason why you should give up your rights as a father. Lastly, if you can’t provide financial support to your child, go to a court and modify the order; don’t stop supporting your child.

Getting divorced in California can be complicated.  Download our free eBook, 18 Important Things to Know About California Divorce to educate yourself on the process.  

Gerald A. Maggio is an experienced Orange County divorce and family law attorney and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.