Fathers: Know Your Child Custody Rights

If you’re a father, don’t assume that you’re going to lose your child custody case. It’s important to remember that mothers and father have the same legal rights to the custody of a child until one of the other gives up or is denied custody rights.

Gender Bias Fears

For a lot of fathers, this might seem like news. A lot of fathers give up the custody battle out of fear of losing to a gender “bias.” Luckily, this fear is unfounded. Rather, fathers should do all they can to pursue child custody rights. In fact, the longer a father allows the mother to dictate rules regarding custody, the more likely he is to lose out on the bigger battle.

Custody Decided Outside of Court

According to a majority of child custody cases are decided outside of the courts through mediation and custodial agreements. In fact, only 4 percent of custody cases went to trial, and only 1.5 percent completed custody litigation. This is putting to bed rumors that mothers always win custody.

What to Do

In fact, a child needs a father just as much as a mother. So, if you are a father wanting equal parenting time, don’t just assume that you’re going to lose. Here are some steps you should take:

  • Don’t allow your wife to dictate when, where, or how often you will see your child.
  • Hire an attorney, or file a pre se petition that a court in order to establish equal parenting time.
  • Do not feel dissuaded by allegations that father’s never receive custody.
  • Don’t let the financial costs of a child custody battle deter you from your fight for custody.
  • Don’t agree to spend less time with your child without going through the mediation process or custody battle.
  • Hiring a lawyer will help ensure you build the best case for your child custody dispute.

Source: Divorce Support, A Father’s Legal Rights to Child Custody Before and During Divorce, 2014

Law Offices of Korol and Velen, Certified Family Law Specialists

6300 Wilshire Blvd., Suite 1430,

Los Angeles, CA 90048

Phone: 323.653.1600

Fax: 323-653-1606

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