Before discussing filing child custody in California for fathers, let’s first cover what child custody is.

Child custody refers to the legal rights of parents or guardians to have control over a child or children. Parents with child custody are responsible for raising their children in the best environment possible. This includes managing and ensuring the child has adequate housing, medical and educational resources, etc.

In California, both parents can decide to file for child custody, even if they are unmarried. The court will then schedule a hearing for the case. The court will review each parent’s appeal during the case and determine if one or both parents should be custodial parents. In California, mothers and fathers are given equal rights during divorce and child custody battles. As a result, both parents will be evaluated to determine if they are fit to care for the child.

Types of custody orders

There are two types of custody orders:

  1. Legal custody

Parents with legal custody have the right to make crucial decisions for their children. 

These decisions can be about:

  • Education
  • Healthcare
  • Religious activities
  • Counseling
  • Sports and other extracurricular activities
  • Vacation

There are also types of legal custody – joint and sole custody. Parents who have joint legal custody should find a way to communicate with each other and make decisions for the child amicably. 

  1. Physical custody:

There are also two types of physical custody – joint and sole custody. Joint physical custody is when the child lives with both parents. Sole physical custody is when the child only lives with one parent. 

You want to know how to get full custody as a father?

In California, the first part of Family Code 3040 mentions that courts can’t prefer a parent as custodian because of the parent’s sex. As a result, it’s possible for either mothers or fathers to be granted full custody of their children.

To do this, you’ll need to complete custody forms, file them with the court, and serve the other parent as well. Next, the court will make a decision based on the children’s best interests and the capabilities of the parents.

Why fathers need to know what full custody means

There’s a considerable discrepancy between joint and full or sole custody. 

Joint custody requires parents to share parenting time and make significant life decisions for the child together. On the other hand, sole custody is when one parent is given the legal right to spend more time with the child and make significant decisions for the child. Sole custody parents also typically have the child live with them full time. 

It’s essential to understand the difference between the two because the legal strategy you’ll have to undertake is also different. For example, to get sole custody of your child, you’ll need to prove to the court why you should be the primary caretaker for the child. In this case, you’ll need to show the judge why it’s in the child’s best interest to spend less or no time with the other parent.

Conversely, for joint custody requests, the judge will look at why it’s in the best interests of the children to have both parents in their lives.

If you’re looking for the best family lawyers who can help you throughout a divorce or child custody case in Murrieta, California, visit the Westover Law website.

Contact us today if you have more questions about filing for child custody in California for fathers.