A current in-vogue issue among men is advocating for their child custody rights. As Father’s Rights Attorneys, we find that many men come into our office assuming the Sacramento child custody system is biased against them and biased in favor of women. They assume the Sacramento child custody mediators will favor their ex-wife or ex-girlfriend and will rob them of time with their children.
While it is natural to assume that the mother has an inside track in a child custody case, this assumption is misguided.
Fathers and mothers have equal constitutional rights to parent and raise their children. Both have equal right to have access to the children and both are required by California law to contribute financial support for the children. Both have equal right to raise the children and make important decisions regarding their educational training, medical treatment, social activities, and religious training. Either parent can file a Sacramento child custody challenge in court if the other parent tries to relocate outside of Sacramento with the children and leave the remaining parent behind. Also, either parent can file motions in Sacramento court to enforce or change the custody order if there are significant changed circumstances.
While the Sacramento child custody courts do not always immediately grant equal visitation, if the father is persistent over time, and does not otherwise endanger the children’s health, safety or welfare, the courts will eventually transition to an equal parenting schedule.
If you are a father and you were married to the child’s mother, your parental rights are assumed by law. Your main focus should be spending as much time as you can with the children and pursuing a child custody order to protect your time. If you are a father, but you and the mother were not married, you will have to take the additional step of signing a special form and file it with the court. (If you have doubt that the child is yours, you should consult with a Sacramento family law attorney immediately before signing any legal documents. Signing a special form without assurance of paternity could have significant consequences including obligating you to pay child support.)
Regardless of whether you were married to the children’s mother, if you have concerns about protecting your rights as a father, please do not hesitate to call us for a free half-hour consultation. Our Attorneys are prepared to represent fathers in protecting their rights.