Tuesday, 19 November 2013

What Are 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.

The amount of time available for child care is considered important and is a major concern. If both parents work the hours worked will carry a lot of weight. Most courts will order primary care to which ever parent determined to be most capable of supporting their child mentally, physically, emotionally and financially.

Most courts encourage couples to work out the details of child custody between themselves. They will offer mediation if necessary and should no agreement be arrived upon the system takes over and will make the determination for them. Many parents decide that joint legal custody with one or the other having primary physical custody.

Sharing physical and legal custody has become a very popular option for couples. Each parent has the dependant for approximately six months of the year. There are a lot of ways to break the time down between the parents and rarely is it divided exactly equal between the two.

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.

Determining the correct parentage is crucial to determining custody, visitation and child support. Courts take multiple sources of information into consideration when deciding these issues and time spent with children can be a deciding factor. This can be especially true regarding support payments.

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.

It is very important that the father obtain legal documentation as to his parentage and have copies of all of the court orders pertaining to the child. This paper work will grant him certain rights as a father as well as protect them should he need to go to court again. A fathers rights CA are legally the same as a mothers but bringing proof is always the best course of action.




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