How Can Fathers Secure Equal Parenting Time in Custody Cases?

Some General Facts About California Custody Laws and Equal Parenting Rights.

California family courts are legally obligated and always attempt to focus on the child’s best interests; this includes the child’s meaningful, frequent contact with both parents. If you’re a father aiming to secure equal parenting time with your child, it’s critical that you fully understand your rights under the law.

The California family court and the state’s strict custody laws presume that your child will significantly benefit from frequent and continuing contact with both parents after your divorce.

First, you must know that there are two types of custody in California:

• Legal custody of your child – This gives you the right to make decisions about the child’s health, education, welfare, etc.
• Physical custody of your child – This decides where your child primarily lives and how the visitation time is divided between you and your ex-partner.

If you seek equal parenting time as a father, you usually request joint physical custody. California courts don’t automatically grant 50/50 schedules, but they will consider these arrangements if they are feasible and in the child’s best interest.

Most importantly, and with the right, professional, well-versed legal representation, California law currently does not prefer mothers over fathers regarding custody rights. Most custody decisions are now based on your parenting ability and that of your ex-partner, and not on gender. But still, you must be aware that the burden of proof often falls on the father to demonstrate his deep involvement, capability, and commitment, especially in contentious divorce cases.

What Factors May the California Courts Consider When Deciding Custody?

The California family court considers numerous factors when determining what arrangement best serves your child’s best interest.

Just a few of these factors may include:

• Your child’s overall health, safety, welfare, etc.
• The nature of the child’s relationship and the amount of contact with both parents.
• If there is any family history of abuse, neglect, or substance abuse.
• The general stability and continuity currently in your child’s life.
• Each parent’s ability to effectively and empathetically co-parent the child and more.

Additionally, you should be aware that most judges are influenced by practical considerations, such as your work schedule, the distance between your households, the child’s school location, etc.
Let’s say you, as the father, have a very demanding work schedule or live far away; in this situation, a 50/50 custody schedule may not be practical.

As a father, if you want equal time with your child, you and your diligent and competent child custody lawyer must visibly demonstrate to the court a track record of consistent involvement in your child’s life. For example, you attended school events, participated in extracurricular activities, provided daily care, etc. Simply put, your lawyer will passionately prove that you prioritize your child’s needs and consistently demonstrate a cooperative, child-focused mindset.

As a Father, Are There Still Challenges I May Face When Requesting Equal Custody Time?

Despite California’s laws and legal presumption of equal parenting rights, it’s unfortunate but true that fathers often face unique hurdles in custody battles.

Just a few of the most common challenges you may face are:

• Stereotypes and gender bias – Gender bias in California is legally discouraged, but still, some fathers feel judged by outdated stereotypes. To fight back, fathers must focus on documenting their involvement with their children; this is an area where the experience and guidance of your child custody lawyer will be invaluable.
• Not having professional legal representation – Fathers who attempt to navigate family court without a well-versed custody lawyer are disadvantaged. Judges respond to clear, well-reasoned arguments that follow the state laws and are backed by evidence. Your experienced child custody lawyer will ensure you have a compelling case for equal custody time and clearly present it.
• Communication conflicts with your ex-partner – The family courts put a lot of weight on your willingness and ability to co-parent your child. If you, as the father, act combative or uncooperative, it can hurt your case. Your child custody lawyer will also be an excellent guide to dealing with conflict and will always look out for your interests.
• Limited involvement if your child is young – If your child is very young, you may have had limited involvement in their lives due to work, etc. Your lawyer will ensure the court doesn’t interpret this as a lack of interest. You should also be prepared to step up and show consistency in your parenting.

As a Father, What Are Some Valuable Steps I Can Take to Secure Equal Parenting Time?

Securing equal parenting time in California isn’t always about simply asserting your rights as a father. It also involves proving to the court that you are a committed, capable, and focused parent who always considers your child’s well-being.

Just a few of the steps you could take to do this are:

• File a formal custody petition or modification – If no custody order exists, you should file for one. Additionally, if the current order doesn’t include equal time, file a “request for order” to modify your custody. If a current order is based on a material change in your circumstances, etc.
• Keep an up-to-date and accurate parenting journal – This may sound excessive. Still, documenting your day-to-day activities with your child, such as help with homework, bedtime routines, outings, etc., will vitally help to establish your active role and involvement.
• Develop a sound and workable parenting plan – By planning a specific, detailed schedule that supports 50/50 custody time while accommodating all your child’s activities, you will clearly show the court that you are committed, flexible, and solutions-oriented.
• Avoid all negative behavior – Never badmouth your child’s other parent to your child and others. Avoid retaliatory behavior, excessive litigation, or any action that undermines your co-parenting ability.

Always get the help of an experienced child custody lawyer. Never underestimate how complex this legal matter is. Working with a competent and compassionate child custody lawyer who understands local court preferences, judges, parenting plan norms, etc., will always make a significant difference in getting the custody you desire.

I Wish to Pursue Equal Parenting Time with My Child; How Should I Proceed?

In California, as a father, you have significant legal rights to seek equal parenting time. However, remember that the family courts are consistently guided by what’s in your child’s best interests, including having both parents involved in your child’s life.

However, if you’re a father navigating custody proceedings, you should never attempt to do this alone. Whether you’re seeking an initial custody order or pursuing a modification, having the correct legal strategy and proper and professional legal guidance can make all the difference.

At the family law firm of Hepner & Pagan, LLP, they are passionately committed to helping fathers protect their parental rights, build strong, lasting relationships, and stay deeply involved in their child’s life after divorce.

Call them today at (408) 688-9153 for a consultation on your unique case. They will work tirelessly, passionately, and strategically to do all they can to protect your rights as a father and work towards the outcome you desire.