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Posts

What Are Fathers Rights In Child Custody?

October 5, 2019/in Family Law /by Riley Pennington

It used to be that a mother was seen as the primary caregiver of a child. This led to custody often being awarded to mothers over fathers. Things have changed and the courts realize that fathers have a substantial effect on a child’s life. Fathers rights are legitimate and you’re just as likely to gain custody as the mother – barring certain circumstances.  

Determining Custody

Child custody in California is determined by the best interest of the child. This is a standard used in San Jose and the rest of California to maintain equality in custody cases. This means that the court will determine which parent has the best interest of the child in mind and will provide the best environment for the child.

As a father, you have the right to seek custody of your child. You and the mother both have the right to request visitation rights. Both parties are viewed as equal by the courts. Just like in any child custody case, there are a few things that could prevent you from gaining visitation rights or custody of your kids.

If there is evidence of child abuse, domestic abuse, drug abuse, or addiction by either party, this will impact child custody. 

The courts make it a priority to keep both parents as involved in their kids’ lives as possible. This is because, in San Jose, the courts believe children benefit from a healthy loving relationship with both parents. 

A fathers spends time wityh his child of the beach thanks to the equality of fathers rights in CA.

As a father, if you have a better relationship with your child and are better able to care for them, the courts are likely to award you custody. This is all based on case to case, however. 

Paternity And Custody

To be eligible for child custody, a male must prove (or have done so previously) parentage or paternity. In San Jose, these terms are used synonymously.

Paternity can be established in a variety of ways. 

  • VDP – This is a voluntary declaration of paternity. It is used when a child is born in a medical setting and both parents or parties acknowledge each other as the legal parents through signing this form. This adds the father as the rightful parent on the birth certificate alongside the mother. 
  • Paternity/ Parentage Action – A paternity test can be ordered by multiple parties to determine parentage. A potential father seeking to legitimize his claim or a mother using the services of the child support agency are a couple examples. 

In some cases, paternity may have already been established.  A child born in marriage is considered to be the child of both married parties. If the parents are unmarried but are living together in a familial situation, the male is considered the child’s father. This is, of course, if he has taken on a parental role with the child despite not being the biological father in some cases. 

Fathers Rights And Child Support

Fathers Rights grants the primary custodian rights to child support

To be determined as the primary caregiver and custodian of a child means that child will live with you. You are responsible for housing and caring for the child the majority of the time, and can determine where they live. The other parent may be granted visitation rights, barring any circumstances mentioned above that jeopardize the safety of the child.

As the primary custodian, you have the right to request child support from the other party. This is a sum paid monthly that helps with the costs of raising your child.

If you’re a father seeking information on fathers rights, contact an experienced attorney at Lonich Patton Ehrlich Policastri. We offer free 30 minute consultations.

https://www.lpeplaw.com/wp-content/uploads/2019/01/Father-3-Kids.jpg 1536 2304 Riley Pennington https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Riley Pennington2019-10-05 19:48:262021-12-22 19:55:57What Are Fathers Rights In Child Custody?

Does Donating Sperm Via Craiglist Make You A “Father”?

February 4, 2014/in Family Law /by Julia Lemon

To some, donating sperm is considered an easy way to make some cash. However, for one Kansas man,* donating sperm turned out to be way more than he bargained for.  William Marotta donated sperm to a lesbian couple via Craigslist, but did not comply with a Kansas statute that required that a licensed physician perform the insemination.  Instead, he gave the sperm directly to the couple.

The state of Kansas sued Mr. Marotta for parental support of his child, even though he and the couple signed a written agreement relinquishing his parental rights.  The court decided that since the parties did not comply with the statute, Mr. Marotta is the child’s legal father whether he likes it or not.  Therefore, he will have to financially support the child, as well as provide back pay to the State of Kansas for aid the child has already received.  As a result, there will probably be more litigation in store for these parties.

Fortunately, this costly and uncomfortable result can easily be avoided. In California, if a sperm donor gives samples of his sperm to a physician, surgeon, or licensed sperm bank, he will be treated as if he were not a natural parent of the child, unless otherwise agreed to in writing before the child is conceived. By keeping the process official and legitimate through the use of a doctor or licensed sperm bank, sperm donors can remain anonymous and can avoid “fatherhood” until they are truly ready for that responsibility. Bottom line: unless you want to pay 18 years of child support, be sure to follow all of the statutory requirements in the Family Code.

If you’re having paternity or child custody issues, having a knowledgeable, experienced family law attorney by your side can prove to be invaluable. If you have any questions about your family law issues, please contact our California Certified Family Law Specialists (as certified by the State Bar of California Board of Legal Specialization). Lonich Patton Ehrlich Policastri’s attorneys have decades of experience handling complex family law proceedings and are happy to offer you a free half-hour consultation.

Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results.  While this post may include legal issues, it is not legal advice.  Use of this site does not create an attorney-client relationship.

 

*http://www.abajournal.com/news/article/man_who_responded_to_craigslist_ad_for_a_sperm_donor_is_a_dad_must_pay_chil/?utm_source=maestro&utm_medium=email&utm_campaign=weekly_email

https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png 0 0 Julia Lemon https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Julia Lemon2014-02-04 10:03:312021-12-22 21:13:10Does Donating Sperm Via Craiglist Make You A “Father”?
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Located in San Jose, Lonich Patton Ehrlich Policastri handles matters for clients in northern California, specifically San Jose and Silicon Valley. Our services are available to anyone within the following counties: Santa Clara, San Mateo, Contra Costa, Santa Cruz, Monterey, and San Benito. For a full listing of areas where we practice, please click here.

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