Father’s Rights – Who Should Be the Custodial Parent?

By Gina Famularo -

A Family Law Attorney Explains How Father’s Rights are Viewed by The Courts in Temecula, Murrieta, Hemet And The Inland Empire in Southern California.

The way the courts have viewed Father’s Rights in California have changed dramatically back and forth. Before the 20th century, children were considered part of their father’s property and in case of a divorce, were placed with the father.

A major shift then occurred in the legal community and the general attitude was that the child did better in the care of the mother. Currently, seventy percent of custody cases are awarded to the mother, with twenty percent granted to both parents as joint custody, and less than ten percent of custody cases are awarded to the father. While this legal trend has not been officially reexamined to factor in the more alternative lifestyles of today, some areas, including california, are recognizing a father’s rights and in some cases are granting more time or even custodial rights to the father.

There are also many advocacy groups fighting for equal rights for fathers. Many of their goals focus on recognizing that “traditional” family roles should not preclude the father as the custodial parent after a divorce. A “Father’s Bill of Rights” has been developed in hopes of giving fathers more legal legitimacy in the family court system. Some of these rights include making the word “father” part of the legal definition of a family, a uniform paternity law, and child support to be considered a tax.

As the court stands now, a legal father (either biological or adopted) has the right to see their child, yet you must make this request to family court. It is suggested that you also obtain a paternity test in the event there is any question of the child’s paternity. In family law court, there is no automatic say in who will receive custody of the child, however, the trend is for the child to stay with the mother, unless special circumstances are presented. There is a significant effort being made of the court’s side to see with whom the child would most benefit from living with.

The best interest of the child is always the most important factor for the court.

To help you understand your rights and options as well as to protect yourself, you need a family law attorney form the same state your case will be in.

Family legal matters can be extremely emotional, frustrating and costly. Because of this, it is important that you get the right information BEFORE you take action regarding a divorce, child custody, child support, adoption, or any other important legal matter.

Get the information you need to make an intelligent, informed decision regarding your and/or your children’s lives. http://www.TemeculaDivorce.com has a wealth of information available to you to help you properly navigate the legal system in Temecula, Murrieta, Hemet, Riverside, and the entire Inland Empire. If you need to speak with an attorney, we have professional, compassionate attorneys to assist you. For a free consultation, please go to http://www.TemeculaDivorce.com

Article Source: http://EzineArticles.com/?expert=Gina_Famularo

Speak Your Mind

Tell us what you're thinking...
and oh, if you want a pic to show with your comment, go get a gravatar!

Anti-Spam Protection by WP-SpamFree

SEO Powered by Platinum SEO from Techblissonline