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What are the myths about fathers’ rights?

On Behalf of | Apr 7, 2023 | Child Custody, Family Law |

If you are a father who is going through a divorce or separation, you may have some questions about your rights and responsibilities regarding child custody. In this blog post, we will try to dispel some common myths and misconceptions about California fathers’ rights in child custody laws.

Myth 1: Fathers have less rights than mothers in child custody cases

This is not true. California child custody laws are gender-neutral and do not favor one parent over the other based on their sex.

The court will consider the parents’ ability to cooperate, communicate and co-parent effectively. The court may award joint or sole legal custody (decision-making authority) and joint or sole physical custody (residential time) depending on the circumstances of each case. The court may also order reasonable visitation for the non-custodial parent, unless there is a risk of harm to the child.

Myth 2: Fathers have to prove that they are better parents to get custody

This is also not true. California child custody laws do not require fathers to prove that they are superior parents than mothers to get custody.

Rather, the court will evaluate each parent’s relationship with the child and their ability to provide a stable, safe and nurturing environment for the child.

The court will also consider the child’s preference if the child is old enough and mature enough to express a reasonable opinion. The court will not base its decision on stereotypes or biases about gender roles or parenting styles.

Myth 3: Fathers have to pay more child support than mothers

This is not necessarily true. California child support laws are based on a formula that takes into account both parents’ income, the amount of time each parent spends with the child and the child’s needs and expenses.

The court may deviate from the formula, if there are special circumstances that warrant a different amount of support.

The court may also order either parent to pay for additional expenses, such as health insurance, education or extracurricular activities for the child. The court may modify the child support order, if there is a significant change in either parent’s circumstances.


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