Want to learn more about fathers’ rights to child visitation in California?
Visitation refers to how each parent will spend time with the children. In California, the family court determines visitation and custody rights only once paternity has been established. In some cases, the judge will approve the parenting plan that both parties agree on.
A family court will usually look at many factors to determine if a situation other than shared custody should be considered. With child support providing some financial equalization, the focus is on what is best for the child. The relationship the child has with the parents also plays a significant role.
This blog post will cover a father’s right to child visitation in California.
California Father’s Rights to Child Visitation
There are two types of child custody:
- Legal custody: Parents who have legal custody of the child have the right to make crucial decisions regarding the child’s education, health, and welfare. Parents can be granted sole or joint legal custody.
- Physical custody: A parent with sole or primary physical custody will live with the child and generally spends more time with the child. In contrast, the other parent is usually granted visitation rights. Parents with joint physical custody will spend an equal amount of time with the child.
In California, judges will determine custody based on the child’s best interests and other factors like:
- The parent’s ability to care for the child
- The child’s age
- The relationship between the child and each parent
- And more
Additionally, family courts treat both parents equally before the law and won’t deny either parent custody or visitation rights due to religious belief, sexual orientation, or marital status.
What Can I Do if the Mother Won’t Let Me See My Child in CA?
Once you have an order that clearly states that you have the right to be in the child’s life, the other parent cannot refuse to allow you to visit the child during your stipulated parenting time.
It’s also important to note that the judge will most likely make child support orders once custody is established. You should keep in mind that either parent can’t refuse the other parent to see the child just because they have failed to make the child support payments. Additionally, either parent can’t enforce child support payments because the other parent is visiting the children.
Suppose your partner refuses to let you see your children or keeps the children away from you without your consent. In that case, you can consider seeking judicial intervention to enforce the parenting time order.
If you’re about to or currently going through a divorce or child custody proceedings, visit the Westover Law website today.
At Westover Law, we understand that divorce is difficult enough without the added stress of worrying about your children, your assets, and your future.
Contact us today to learn more about fathers’ rights to child visitation in California and receive personal attention from a certified family lawyer devoted to seeing your case succeed.