Tuesday Tips: What Custody and Visitation Rights Do Fathers Have?

Описание: In California, under Family Code Section 3025, both parents have equal rights and responsibilities regarding their children. There is also Family Code Section 3010, which says that children ought to have frequent and continuing contact with both parents. These are two supporting statutes for equalizing timeshare with children.

The overarching concern of the court is what is in the best interest of the children. The only thing that is going to chip away from a father having an equal timeshare with the children is if there are other factors hindering the decision.

Some examples of these factors could be a father’s work schedule that interferes with picking up and dropping off the kids at school. If a father has a drinking or alcohol problem, that could be a huge issue that would preclude him from having an equal timeshare. If the father has a mental condition, if they are diagnosed bipolar and are not on their meds could prevent them from having an equal timeshare.

Another big issue to consider is if there’s ever been domestic violence in the relationship and if the children experienced or were present during a domestic violence dispute between the two parties. If the domestic violence is adjudicated by the courts and the courts determine that the children were present, then a father, if he was the abuser, may fall under Family Code Section 3044 and the court may take away significantly a portion of the custodial time.

However, those are exceptions. In general, the rule is in general is that parents should have equal parenting time because it’s in the best interest of their children to have equal time with both parents. If you are a father concerned about your custody and visitation rights and you need to get some court orders to make sure that you are able to see your children in an equal capacity, please contact JWB Family Law or a competent family law attorney in your area. Set up a consultation with us at (619) 234-6123 or visit our website at https://jwbfamilylaw.com/.