Puja Sachdev | March 18, 2025 | Blog
Fathers may worry about their rights, especially when they are not married to the birth mother or they are going through a divorce. Understanding a father’s rights in California is the first step in protecting your rights. This blog explains fathers’ rights in California. However, we encourage you to seek legal advice regarding your specific circumstances from an experienced child custody attorney.
Overview of California Custody Law
California Family Code §3010 states that the mother and father of a child are equally entitled to the custody of the child. If a parent is dead, unable, or refuses custody of a child, the other parent is entitled to custody of the child. Likewise, if a parent abandons a child, the other parent is entitled to custody of the child.
What does equal custody of a child mean for the father? This means that the father has an equal say in the decisions that are made for the child. Parental decision-making includes issues related to religious upbringing, education, medical care, and extra-curricular activities.
The father also has the right to spend an equal amount of time with their child. It may not be possible for all parents to have a 50/50 parenting time arrangement. However, fathers have the right to spend as much time with their children as possible.
Filing a Paternity Action to Exercise Fathers’ Rights in California
California law presumes that a woman’s husband is the father of her child. Therefore, an unmarried man needs to prove paternity of a child to have legal rights. Without establishing paternity, a man does not have legal rights regarding a child born to a woman other than his wife.
The law provides several ways to establish paternity:
Voluntary Declaration of Parentage
The parents can sign a Voluntary Declaration of Parentage (VDOP) to certify that a man is the legal father of a child. The form is usually signed at the hospital when a child is born. If so, the man’s name is included on the child’s birth certificate. The parents can sign the form later and file it with the California Department of Child Support Services.
Paternity Lawsuit
A man can file a paternity action in court to determine whether he is a child’s biological father. The court orders genetic testing to determine paternity. If the man is the child’s biological father, he can request the court grant him custody and visitation. The court bases child custody decisions on what is in a child’s best interest.
Are Mothers Given Preference for Custody in California?
Some states gave preference to mothers for custody when the children were young. They referred to favoring the mother as the Tender Years Doctrine. States no longer use this standard in child custody cases.
There are no legal grounds in California for giving a mother or a father preference in a custody case. Parents enter a custody case on equal footing. If a parent alleges that they should have sole custody of a child, the parent must convince the court that full custody is in the best interest of the child.
Reasons for granting full custody to a father include, but are not limited to:
- Child abuse, neglect, or abandonment
- A parent’s abuse of drugs and/or alcohol
- Credible allegations or past instances of domestic violence
- A parent cannot or is unwilling to care for a child’s needs
- A parent is incarcerated
- A parent is unable to care for a child because of mental incapacity
- The parents are incapable of working together to make decisions for the child
- Evidence of parental alienation
- The geographic distance between the parents is too great for the parents to share custody
Courts encourage parents to work together to share custody of a child. It is presumed that a child benefits from equal access to both parents. However, if a parent proves that it is not in a child’s best interest for the other parent to have custody, the court has the power to grant sole custody to the other parent.
Can a Mother Keep a Child Away from a Father in California?
Mothers must follow child custody orders and agreements. If a mother violates custody terms, the father can petition the court to enforce the custody order. Depending on the circumstances, the court may grant the father sole custody.
A mother cannot refuse visitation if the father is behind on making child support payments. Child support and child custody are separate matters.
Learn More About Father’s Rights in California
Understanding California’s custody laws and taking the right legal steps can help fathers protect their parental rights and maintain a strong relationship with their children. Whether you are seeking custody, visitation, or need to establish paternity, knowing your legal options is crucial. If you are facing custody challenges, consulting an experienced family law attorney can provide the guidance and support needed to navigate the process effectively.
Contact Our Family Law Firm in San Diego, CA. Call us at (619) 866-3756
Contact our experienced San Diego divorce lawyers at San Diego Divorce Lawyers, APC, today for legal assistance. Contact us at (619) 866-3756 to schedule a free consultation.
We proudly serve throughout San Diego County. We are located in San Diego, California.
San Diego Divorce Lawyers, APC
2851 Camino del Rio S #430
San Diego, CA 92108
(619) 866-3756
