Roseville Fathers' Rights Lawyer

Representing Fathers Throughout Placer and Nevada Counties

Fathers want to be involved in their children's lives. At the same time, mothers are often reluctant to share full custody with fathers. If you are involved in a custody dispute, you want to work with a family law attorney who can help you work toward a fair solution. At The Law Office James-Phillip V.M. Anderson, we are highly experienced in handling all types of family law matters, including divorce and child custody. We work hard to create solutions that work for everyone involved.

Speak to our firm today at (916) 791-7273 or reach out online to discuss your case with our fathers' rights attorney in Roseville.

Understanding Fathers' Rights in California

California law recognizes the importance of both parents' involvement in their children's lives. Fathers' rights are protected under the state’s family law system, which upholds shared responsibility in areas like custody and visitation, and child support. The court’s primary consideration is the child’s best interests, but this does not mean that a father’s rights are secondary. Rather, it’s important to understand that as a father, you have a voice in critical decisions affecting your child’s welfare.

Father's rights refer to the legal rights and responsibilities that fathers have in relation to their children. These rights allow parents to make important decisions regarding their child's upbringing and to maintain a relationship with their child. 

Here are the key components of fathers' rights:

  • If the father has legal custody, they have the right to make major decisions about a child's life, such as decisions about education, medical care, religion, and general well-being.
  • If the father has physical custody, they have the right to have the child live with the parent or to determine where the child will primarily reside.
  • Right to spend time with the child, particularly when the parents are separated or divorced. This includes a schedule for regular visitation or parenting time, unless the court determines that such contact would not be in the child's best interest.
  • Right to make decisions concerning their child's health, education, and welfare.
  • Provide financial support to their children. 
  • Rights also include the responsibility to protect the child from harm.
  • Right to be involved in their child’s education.
  • Right to protect the child’s best interests.

How to Establish Paternity in California?

Establishing paternity is an important step for fathers seeking to assert their rights. In California, if a couple is unmarried, the father must establish paternity to have legal rights to custody, visitation, or even child support. Without this legal recognition, the mother may be the only parent with rights regarding the child’s upbringing.

If paternity is disputed or not automatically acknowledged, a father can file a petition to establish paternity. DNA testing may be used in some cases to confirm biological parentage. A Roseville fathers' rights attorney can guide fathers through the legal process of establishing paternity and ensuring their rights are formally recognized. Establishing paternity is crucial to securing the right to make decisions about the child’s future, whether related to education, health care, or other significant issues.

How Does California Decide Custody?

California courts consider several factors when deciding custody. These include:

  • the wishes of the parents
  • the interaction and relationship of the child with parents and siblings
  • the child's adjustment to home, school, and community
  • the child's mental and physical health
  • each parent's ability and willingness to perform their parenting responsibilities
  • each parent's ability to provide for the child's needs
  • the child's preference, if old enough to express a reasonable preference
  • the child's needs for a healthy and stable environment
  • the parents' abilities to provide for the child's needs
  • whether domestic violence occurred in the family
  • whether one parent is a fugitive
  • whether one parent is more financially able to provide for the child
  • whether either parent's home environment is harmful to the child

We can help you prepare a strong case that accurately represents your side. We will explain your options and work to help you reach an agreement or solution that works for you. If you need to go to court, we will be by your side to present your case to the judge.

Is it Possible to Modify Custody and Visitation Orders?

Circumstances can change over time, and when they do, a father has the right to seek modifications to existing custody or visitation orders. Changes in a parent's work schedule, the child's needs, or a parent’s ability to care for the child may justify a modification. A father may also seek a change in visitation or custody if the child’s best interests would be served by the adjustment.

A Roseville fathers' rights attorney can assist fathers in filing for modifications and present arguments that demonstrate why the change is in the child's best interests. In California, these modifications must be based on significant changes in circumstances, and a lawyer can ensure that the court understands the reasoning behind the request.

How Child Support is Determined in California?

California law mandates that both parents financially support their child. Typically, the parent with the majority of custody will receive child support from the other parent. However, the amount of child support can vary based on various factors, including the income of both parents, the amount of time each parent spends with the child, and the needs of the child.

Fathers have the right to ensure that child support is calculated fairly and based on accurate financial information. A Roseville fathers' rights lawyer can help a father assert his financial rights, challenge child support amounts that seem inaccurate or unfair, and negotiate adjustments when circumstances change.

It is also crucial to note that fathers may seek a modification of child support orders if there are significant changes in circumstances, such as changes in income, custody, or the child’s needs. A Roseville fathers' rights lawyer can help navigate these changes and seek a fair modification of support.

Legal Support for Fathers in Placer and Nevada Counties

At The Law Office James-Phillip V.M. Anderson, we understand how difficult a family law matter can be. We work to resolve the situation in a way that is best for you and your children. We will work to help you obtain the outcomes you desire and deserve.

We can help you with:

  • Child Support: California uses the statewide uniform guideline to calculate child support. This guideline takes into account the parties' incomes and the number of children. It also takes into account the cost of children's basic expenses, such as food, clothing, and shelter. Parents can agree to deviate from the guideline amount, and sometimes it is necessary to go to court to challenge an unfair amount.
  • Custody: We can help you obtain custody or modify an existing custody order. Custody can be sole, joint, or legal decision-making with the non-custodial parent. We can help you obtain the arrangement that is best for you and your children.
  • Relocation: California law allows a custodial parent to move a reasonable distance away with the child. The non-custodial parent may object if they believe the move will make it harder for them to maintain a relationship with the child. The court will then consider the parents' and child's best interests when making a decision.

Protecting Your Rights as a Father

At The Law Office James-Phillip V.M. Anderson, we understand the challenges that fathers face when it comes to custody and visitation rights. Our experienced team is dedicated to advocating for fathers throughout Placer and Nevada Counties to ensure that their rights are protected.

California law recognizes the importance of fathers in their children's lives, and we are here to help you navigate the legal system to secure the best possible outcome for you and your family. Whether you are seeking custody, visitation rights, or need assistance modifying an existing custody agreement, our team is here to provide the legal support you need.

Contact Our Roseville Firm Today

At The Law Office James-Phillip V.M. Anderson, we are here to help you. We will work hard to help you reach an outcome that works best for you and your family.

To schedule your initial consultation, with our fathers' rights attorney call us at (916) 791-7273 or contact us online.

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Frequently Asked Questions

  • Do I need a lawyer to get a divorce?
    A:

    Strictly speaking, the answer is no. The state of California allows people to represent themselves. But—and yes, we understand we’re biased—a lot is missed out on when a reliable and experienced attorney isn’t present. Essential issues in the property settlement might be getting overlooked. Agreements on child support or spousal support might be less than what a spouse or parent deserves. And, even in the simplest of divorce cases, a lawyer can still provide efficient services in filing documents and responding to motions, allowing their client to focus on the next era of their life.

  • What if my ex isn’t paying child support?
    A:

    The failure to pay child support is a serious offense, one for which a spouse can go to jail. Child support agreements are effectively a court order and failure to comply is contempt of court. Judges will give a delinquent child support payer every opportunity to bring their payments current, but the recipient spouse should not hesitate to take legal action if not getting what they are properly owed.

  • Who gets the house in a divorce?
    A:

    The house will be subject to California’s community property laws, which require a 50/50 split of all marital property between spouses. Whether the family home ends up with a spouse or is sold depends on how the parties negotiate the settlement. No uniform rule exists on how any particular marital property should be distributed.