Fresno Fathers’ Rights Lawyer

Protecting Men in Family Law Matters

Family issues can be difficult to face, especially as a father. Courts are notorious for siding with mothers and assuming that the father will have less interest in raising the children. However, this is unfair and unhealthy for fathers and their children, who need interaction with both parents. At Bains Law Offices, we place a high value on ensuring our clients get adequate time with their children and support raising them. We will stand by your side and be a strong ally fighting for your rights as a father. Call 559-282-8924 today to make an appointment with our talented legal team.

What Are a Father’s Legal Rights?

In California, legal fathers have the same legal rights as mothers. Regardless of the relationship between the parents, the father retains the right to visit and have custody of his children. Under California law, parents have an equal opportunity for custody and visitation. Along with custody comes the right to help make important decisions in the child’s life. The father may also receive child support from the other parent to help with the financial burden of raising the child if he is the primary custodian of the children. For more help understanding your rights as a father or if you feel your rights are not being respected, please contact Bains Law Offices right away.

What Rights Does an Unmarried Father Have in California?

It’s important for fathers to understand that unless they were married to the mother of their child when the child was born or during the time of assumed conception, they do not have any automatic rights to the child. This includes legal decision-making power and visitation rights. When the parents are not married, the mother is automatically granted full custody at the child’s birth. This means that the mother can also refuse to let the child see the father until parentage and, therefore, parental rights are established.

The one right unmarried fathers do have is the right to establish parentage. If you have reason to suspect that you are the child’s biological father, you have the right to pursue the establishment of paternity, including getting a court-ordered paternity test. If you want to establish your parental rights and ensure you can have a relationship with your child and be involved in their life, you need the legal guidance of an experienced attorney.

How Do You Establish Paternity?

In some cases, paternity is assumed because the child was born while the two individuals were married. A man may also be assumed to be the father if he was living with the child’s mother for a specific period before the child’s birth and shows commitment to the child’s upbringing. Other times, a mother may deny that a man is the father, and he may have to prove paternity. Establishing paternity can be as simple as giving a DNA test, but it may be necessary to go to court first to get a paternity order from the judge. Your family law attorney can help you know which process is right for you and then gather evidence to show that you deserve to establish paternity.

Can a Mother Refuse a DNA Test for the Child?

If it’s not clear who the father of the child is or if there is disagreement about who could be the father, getting a genetic test done can prove paternity. However, it’s not always easy to get these tests administered. A mother who doesn’t want her children’s father to have access to the child will often refuse to cooperate with a paternity test. If you want to force a DNA test, you will need to get a court order from a judge.

To request a court order for a DNA test, you will need to file a Request for Order form. You may need to explain why you believe you are the child’s biological father, and an attorney can help with all of the legal paperwork. Keep in mind that family law judges generally don’t accept the results from a DNA test that was done at home or through a private company. You can do one of these at home if the mother cooperates, but you will still need to have a court-ordered test completed to be able to establish paternity and your parental rights.

Is It Possible to Get Full Custody?

There are many myths and misunderstandings about the family court system and child custody especially. One of the most common is that only mothers are awarded full custody, and the best fathers can hope for is joint physical custody with equal parenting time. But this simply isn’t true. Fathers can be awarded full physical or legal custody when it is in the best interests of the child. However, proving that can sometimes be a challenge.

Full custody is more likely to be awarded when there is a compelling reason against joint legal custody, such as domestic violence, abuse, or extremely high-conflict parents who aren’t able to co-parent effectively. If you want to explore the option of getting full custody of your children, it’s important to discuss the potential challenges you may face and what will be required with an attorney. They can ensure that you understand the path forward and are prepared for what else may be affected, such as child support.

Can Mothers Be Ordered to Pay Child Support?

While many people assume that the father will make child support payments to the mother, a father can file for child support depending on the circumstances of the case. In California, one parent may be named the primary custodian, meaning they have custody of the child most of the time. If the father is the primary custodian, he has the right to seek child support from the mother.
Child support covers the costs of raising the child, including basic needs such as food, clothing, shelter, medical expenses, and more. Fathers who bear the more significant burden of raising the child have as much right as a mother would in those circumstances. Child support obligations are also able to be legally enforced. This means that the father would be able to bring a suit against the mother in California should the child support go unpaid.

What Should You Do If the Mother Isn’t Letting Me Be Part of the Child’s Life?

It’s in a child’s best interests to have both parents in their life — as long as those parents are able to provide a safe, healthy environment for the child. Unfortunately, it’s not uncommon for the mother to try to withhold the child from the father after the relationship sours. It can be tempting to let this go unaddressed, especially if you don’t want to go through a legal battle, but it’s important to understand that you have rights as a father, and an attorney can help you assert them.

The first step is always to establish legal parentage so that you can then move forward with requesting court-ordered parenting time and custody. Depending on the child’s age and how much you have been able to be in their life up to this point, you may need to start with less parenting time and work your way up to a more equal share. However, in some cases, it’s possible to immediately get joint legal custody or equal parenting time in some custody arrangements. An attorney can help you understand your options and decide how you want to move forward.

Should You Hire Our Law Firm?

Unfortunately, many families going through divorce suffer when the mother refuses to respect the rights of the father. While courts have sided with mothers in many instances in the past, it is becoming more and more recognized that fathers have equal rights in custody and support for raising their children. If you need help defending your rights as a father, you need a law firm on your side with the experience and knowledge necessary for a successful outcome in your case.

The knowledgeable family lawyers at Bains Law Offices will listen compassionately to your challenges and offer excellent legal counsel. We understand how difficult family problems can be, and we promise to stand by your side and communicate effectively throughout the legal process so you can be an active participant every step of the way. Please don’t delay contacting us and jeopardizing your precious relationship with your children. Your rights as a father must be protected. Call us at 559-282-8924 to schedule a consultation and get the help you need today!