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Fathers' Rights in California Family Law

Once upon a time, there was a presumption in the family courts, and in society in general, that mothers, not fathers, were more capable of raising a child or children. The 1960s and 1970s saw the beginning of the erosion of that presumption. This mostly occurred due to the Feminist Movement of the 1960s and the Mens' Rights Movement (MRM) that followed. Today, that presumption no longer exists...at least not in the family law courts.

Today, a father has equal rights with a mother in family court regarding his child or children in terms of child custody, visitation, support, etc. There are still some old time presumptions that favor, and apply to, married women who took real property in the wife's name only during a marriage, but those favorable presumption only apply to wives who were married before 1978. The other presumption that favors women in family court, for fairly obvious reasons, is the presumption that a woman who gives birth to a child is the biological mother of that child (non-married fathers must prove paternity (fatherhood) before rights to his children apply (See below)

Aside from the paternity issue discussed above, a father has rights, equal to a mother, to physical and legal custody of his child. A father also has equal presumptions in family court. Those presumptions include the fact that he is as capable as a mother to raise and protect his child. Of course, rights and presumptions can be overcome by a father, or a mother, with evidence, but without proof to the contrary, a father's right to physical and legal custody of his child is the same as the mother's right. Period.

Also, a biological father has the same rights as an adoptive father.

Fathers' Rights Include:

A father has a right, equal to a mother, to have a relationship with his child and with some limitation, to know where his child lives,

A father has a right, equal to a mother, to legal and physical custody of his child, including primary custody (See Child Custody)

A father has a right, equal to a mother, to visit his child, including holiday visitation (See Child Visitation)

A father has a right, equal to a mother, to receive child support from the other parent (See Child Support)

A father has a right, equal to a mother, with some limitations to both a father and a mother, to modify existing child support, custody, or visitation orders (See Modifying Orders)

A father has a right, equal to a mother, to object to a stepparent adoption, guardianship, or third party child custody, of his minor child (See Stepparent Adoptions, Guardianships & Child Custody)

A father has a right, equal to a mother, to participate in his child's education, health, extra curricular activities, and religious events

A father has a right, equal to a mother, to be notified before any questioning of the child by law enforcement (See CPS defense)

A child has a right, equal to a mother, to take his child on vacation, or obtain a travel passport for his child if necessary

A father has a right, equal to a mother, to discipline his child, including the use of reasonable corporal punishment (See CPS defense)

A father has a right to establish, and object to, paternity suits (See Paternity Suits)

A father has a right, equal to a mother, and with some limitations to both, to move his child's residence (See Child Move Aways)

A father has a right, equal to a mother, to obtain medical documents, birth certificates, dental records, and school records of his child

A father has a right, equal to a mother, to protect his child from other people by bringing a domestic violence restraining order on his child's behalf (See Domestic Violence Restraining Orders)

A father has a right, subject to limitations, and not necessarily equal to a mother's right, to time off work to raise his newborn child (Family Medical Leave Act issues)

A father has the right, equal to a mother, to have his rights enforced by a judge's contempt power. (See Contempt Proceedings)

A father has the right, equal to a mother, to object to his minor child's request for emancipation (See Emancipation of Minors)

A father has a right, equal to a mother, to object to a removal of his child by CPS (See Juvenile Dependency Petitions)

A father has a right to inherit, equal to a mother, from his child or children, and, to have his child or children named as his heirs in absence of a will

Fathers' rights apply whether the parents were married, never married (or even dated), or divorced.

Fathers and mothers have the same legal rights with respect to the issues listed. However, some rights belong to the mother as a person, as opposed to as a mother. For example, a father can not object to a mother obtaining an abortion, or object to the mother's refusal to allow the father to be present in the delivery room. Those rights belong to the mother as a person, not necessarily because she is a mom.

Fathers' Responsibilities: Much of this page is dedicated to the rights that belong to a father in family court. But remember, a father also has many responsibilities to his child. These responsibilities include raising and caring for his child, providing emotional and financial support for his child, and protecting his child from danger, including any danger to his child that is presented by his child's mother, if necessary (i.e. mother's drug abuse, failure to protect, child endangerment, etc.).

To learn more about father rights, contact our divorce and family law attorneys today. We are among the largest and most experienced divorce and family law firms in Inland Empire. We offer services in fathers' rights, mothers' rights, divorce, child custody, child support, child visitation, domestic violence restraining orders, prenuptial agreements, legal separations, guardianships, paternity suits, and more. Consultations are free to all fathers and mothers.

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Updated July 9, 2023

Father's Rights in Family Court

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