San Diego Fathers’ Rights Lawyer
Are you a father in San Diego, California, who is concerned about your rights in a family law dispute? State law gives fathers the same legal standing as mothers when it comes to child custody and certain other issues. San Diego Divorce Lawyers, APC can help you determine your rights and fight for the outcome your family deserves from there. Contact us at (619) 866-3756 to schedule a case review consultation.
We’re a top-rated family law firm in San Diego County with over 30 years of combined experience. Our San Diego fathers’ rights lawyers have helped countless clients protect their relationships with their children through even the most difficult custody battles. Your case will be in trusted hands from the moment you hire us. Contact our law offices today.
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How San Diego Divorce Lawyers, APC Can Help Fathers Protect Their Rights in San Diego, CA
San Diego Divorce Lawyers, APC has been advocating for parents in this community for over three decades. Two of our attorneys, Puja A. Sachdev and Andrella M. Gonzalez, are Certified Family Law Specialists (CFLS), a distinction that the State Bar of California awards to only a select few attorneys in the field.
We can help you by:
- Explaining how California custody law applies to your specific situation
- Building a compelling case that demonstrates your involvement and commitment as a parent
- Advocating for joint custody or sole custody based on what serves your child’s best interests
- Protecting you from false allegations that could affect your custody rights
- Guiding you through mediation or representing you at court hearings as needed
- Ensuring that child support calculations are fair and accurate
Contact our San Diego family law lawyers today to get started with your case and schedule a free consultation. We can answer any questions you may have when we meet.
Do Fathers Have Equal Custody Rights in California?
Yes. Under California Family Code § 3040, the court is prohibited from considering a parent’s sex, gender identity, or gender expression when making custody decisions. That means fathers and mothers begin on equal footing in every custody case. There is no legal presumption that children belong with their mother.
The court’s only concern is the best interest of the child, which it evaluates based on a number of factors outlined in Family Code § 3011.
These include:
- The health, safety, and welfare of the child
- The nature and quality of the child’s relationship with each parent
- Which parent is more likely to encourage frequent and continuing contact with the other parent
- Whether there is any history of domestic violence or substance abuse
- The child’s ties to their community
California law actually favors joint custody arrangements whenever possible. Specifically, per Family Code § 3080, there is a presumption that joint custody is in the child’s best interest when both parents agree to it.
Establishing Paternity as an Unmarried Father
If you and the child’s mother were never married, establishing legal paternity is a critical first step before you can assert your custody rights. Until paternity is legally recognized, an unmarried father has no standing to request custody or visitation through the court.
There are two main ways to establish paternity (parentage) in California:
- Voluntary Declaration of Paternity (VDP): Both parents sign a declaration at the hospital or later at a local child support agency. Once filed, it has the same legal effect as a court order.
- Court order: If the other parent disputes paternity, you can petition the court and request genetic testing. The court will then issue an order in response to the findings.
An unmarried father has the same rights as a married father when it comes to custody and visitation after paternity is established. Don’t let this step hold you up. Our family law attorneys can walk you through the process quickly so you can start protecting your parental rights.
Custody Modifications
Custody orders aren’t permanent. If your circumstances change after the original order is put in place, you have the right to go back to court and request a modification.
Common reasons fathers seek modifications include:
- A significant change in work schedule that allows for more parenting time
- The other parent relocating to a different area
- Changes in the child’s needs as they grow older
- Concerns about the child’s safety or well-being in the other parent’s home
The court will evaluate whether a modification serves the child’s best interest before making any changes. Having a lawyer in your corner who can present a compelling case for modification is important, as the burden falls on the parent requesting the change.
Contact Our San Diego Fathers’ Rights Attorneys for a Free Consultation
Being a good father doesn’t stop because of a family law matter. California law recognizes that children benefit from meaningful relationships with both parents, and the court system is designed to protect that bond.
If you’re a father in the area who needs help navigating a custody case, San Diego Divorce Lawyers, APC is here for you. With over 30 years of experience and a deep understanding of California family law, we can advocate for your interests at every stage. Contact our San Diego fathers’ rights attorneys today for your free case evaluation.
