Fathers’ Rights Lawyers in Fresno, CA Stand up for Dads

Aggressive representation in custody and visitation cases

In California, mothers are not given preference as a matter of law in child custody cases. However, fathers may feel they are in an uphill battle in asserting their rights. Despite social science data supporting the importance of a father’s influence in a child’s life, courts often lean towards finding the child’s best interests best served by primary custody being granted to the mother. At Gates Law Group, A Professional Corporation in Fresno, we stand up for fathers’ rights. We understand how much your relationship with your children means to you, and we fight to protect your parental rights.

California law and fathers’ rights

California law calls for treating parents equally in child custody matters without regard to their sex. In fact, the law carries a presumption that joint custody is the preferred arrangement. However, partiality in favor of mothers’ custody can still persist, especially when children are of “tender age.” A father’s child custody attorney must be on guard against this tendency.

A court must determine whether joint custody is in the best interests of the child. To do so, the court considers several factors, including these:

• Age and health
• Emotional ties between each parent and the child
• The ability of each parent to provide a stable and loving environment
• Any record of domestic violence, substance abuse or circumstances that suggest unfitness

The determination can weigh in the mother’s favor if:

• Children are young
• Mother has been the primary caretaker
• Father’s new residence is unsettled

During divorce, fathers often vacate the home, so their living situation is transitional. Attempting to litigate child custody under these circumstance puts fathers at a disadvantage, even if the judge applies the law evenly. It’s important to have an experienced fathers’ rights attorney upholding your rights. 

Defending fathers from unfounded accusations of domestic abuse

Before awarding custody, a judge must be confident in the father’s ability to provide a safe, nurturing environment for the child. The judge’s highest duty is to protect a child from harm that might occur in an unsafe environment. Unfortunately, mothers might make specious accusations of domestic abuse, verbal abuse and even sexual assault on children. Fathers have faced painful ordeals contesting such allegations in court. We provide robust defense to dispel unfounded accusations and to accentuate the positive points in favor of joint custody.

Establishing parental rights through paternity

You must have legal standing to assert your parental rights, which means you must be recognized as the child’s father. A husband is presumed by law to be the father of a child born during the marriage. Unmarried fathers can voluntarily acknowledge paternity at the hospital when the child is born. If you haven’t done that, you can petition the family court for a ruling on paternity.

Seeking modifications to support orders

Fathers are often unfairly labeled as child support delinquents when controversies arise. If a father is struggling with a substantial financial setback, his nonpayment is not a willful refusal to pay, simply an inability. In some cases, a father might be withholding payment to a mother who is interfering with his visitation rights. However, a father cannot unilaterally stop or reduce support payments. He must go to court to seek modification based on demonstrating justifiable circumstances. We make strong evidentiary cases to help fathers obtain modifications of support obligations whenever possible.

Contact a Fresno fathers’ rights lawyer for a consultation

Gates Law Group, A Professional Corporation in Fresno, represents fathers asserting their parental rights throughout California. We also have offices in Paso Robles and Visalia. Please call 559-432-9944 or contact us online to schedule a consultation.