Here is some good information for fathers looking to hire a Riverside Father’s rights attorney about their custody rights in California. First thing’s first, let’s clear up some misconceptions, such as the belief that courts favour mothers when it comes to custody cases. Rather than focus on this aspect, fathers should concentrate on gathering the facts that will support their case for joint custody or sole custody.
A father should decide how much time he has to contribute towards caring for his children. The father’s work schedule as well as the age of his children should be taken into consideration. So, for example, if the father works a traditional 40 hour work week, he might not be able to take care of young children who finish school early. If he has teenage children he would be able to get joint physical custody as children this age would be more able to care for themselves while he is at work. But a father of younger children can always come up with a schedule where the father is able to parent his children.
Joint legal custody means that both parents are involved as equals in all of the decision-making processes concerning the children. These decisions include education, health, safety, and the general welfare of the children.
Joint legal custody is applicable to all custody cases except for those that involve domestic violence, serious parental conflict, substance abuse, child abuse or with parents who for one reason or another are not able to co-parent. You could consider asking for sole legal custody if the other parent of your children fits into any of the above categories. Californian law states that mothers are not given any special advantages or privileges when sole legal custody is asked for.
In California, family courts are centred around the protection of children. Father’s rights are placed at a risk when there are false allegations by a mother of child abuse or domestic violence. Allegations of child abuse or domestic violence without evidence are enough to take away a father’s rights.
But this doesn’t mean that you are powerless as a father. It is often found that parents who make false allegations will often have a history of deception. In cases like these, it is best to find witnesses who have experienced the mother’s deception. Evidence includes emails, text messages, and social media posts that prove her lack of credibility.
In addition to all of this evidence, child custody cases that involve false allegations will entail that the mother will have a deposition (this is a testimony that she will take under oath outside of the court) taken, as well as discovery, which is a written and formal demand for information. Depositions and discoveries are a way of forcing the mother to state all of the facts and any evidence that she feels will support her position. Depositions and discoveries are designed to highlight false allegations.
While most child custody cases settle, there are some that require modification proceedings, such as when a mother continues false allegations or alienation against you. If you require legal help then give us a call today at 951-434-1151.