We’ve previously discussed the ways in which California family law courts determine custody and visitation arrangements, and today we’d like to build on that discussion. Specifically, we want to talk about how California family law courts approach father’s rights vs mothers’ rights during traditional proceedings.
We’ve heard claims from all sides of the argument: some people believe that the family law courts show a bias for mothers and rulings reflect this, while others assert that dads are deliberately or unconsciously granted the upper hand. Neither of these claims hold much ground, but that doesn’t mean that your court proceedings are guaranteed to be flawless, impartial affairs.
To help you get an idea of what to expect, here’s what you need to know about fathers’ rights during custody disputes in CA.
California Family Law Courts Don’t Hold a Bias Against Any Gender
Despite what you might hear from others, the family law courts don’t discriminate against either fathers or mothers, or against sex or gender in any capacity. Rather than favoring one parent and letting the other make his/her case, the courts default to a 50/50 split at first. They then further modify this accordingly as the case proceeds.
Family Judges May Not Be Entirely Free of Bias
The laws themselves are focused on impartiality and objectivity, but there is always a human element that must be accounted for. Unfortunately, this means that some judges do approach cases with their own biases, and this could impact the outcome of your case.
Here’s where a sharp and attentive lawyer is worth his/her weight in gold. Experienced attorneys know how to account for this human element and identify ways to keep the attention on facts. They ensure that both the judge and the proceedings remain impartial and fair.
Fathers Are Not Automatically Entitled to Custody Rights
Another important distinction to remember is that a father doesn’t automatically get custody or visitation rights in CA. Remember, the state favors the best interests of the child at all times, and will base their decision on factors that promote this.
Usually, a child is best served by having a close relation with both parents. CA recognizes this and will default to 50/50 custody when circumstances allow this. In addition, they will prioritize keeping the child away from danger or any threats to his/her happiness and well-being. These factors all weigh more heavily than whether someone is a child’s biological father or mother.
Learn More By Contacting a Skilled Divorce Attorney in CA
We hope this post offered some helpful insight into how the family law courts regard mothers vs fathers when making custody decisions. Learn more about this and other issues involving divorce and family law by connecting with our experienced attorneys.
Call R & S Law Group, LLP today to schedule a free initial consultation.