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San Jose Divorce Attorney > San Jose Fathers Rights Attorney

San Jose Fathers Rights Attorney

In the past, the courts sided with the mothers when it came to issues involving children. Child support, custody, and visitation would all work in favor of the woman. The mother would get to see the children on a daily basis, while the father would be relegated to every other weekend and be ordered to pay child support.

The good news is that times have changed. Nowadays, both parents play a role in the lives of their children. Mothers no longer have sole custody. Family law courts will try to grant equal custody to both parents, as long as it is in the children’s best interest. The courts no longer automatically order the father to pay child support. If the mother makes more money, and custody is awarded to the father, the courts will order the mother to pay child support to the father.

If you are a father, you may know that gender roles and laws have changed. Still, you may want to have someone on your side fighting for your best interests. To get the best outcome in your family law case, seek legal help from a San Jose fathers rights attorney from Foster Hsu, LLP.

What to Know About Fathers Rights

Fathers rights involve various aspects such as the following:

  • If a child is born to married parents, the law typically presumes that the husband is the father. For unmarried fathers, establishing paternity is crucial for asserting rights. Paternity can be established voluntarily by signing a paternity acknowledgment form or through court-ordered DNA testing if there’s a dispute.
  • Custody and visitation. Fathers have the right to seek custody or visitation with their children. Courts generally base custody decisions on the best interests of the child, which includes factors such as the relationship between the child and each parent, the parents’ ability to provide for the child, and any history of abuse or neglect.
  • Child support. Both parents have a legal obligation to support their children financially. Child support is typically determined based on state guidelines that consider factors such as each parent’s income and custody arrangements.
  • Modification of orders. Fathers can seek modifications to custody, visitation, or support orders if there’s been a significant change in circumstances, such as a parental relocation or a change in financial status.
  • Parental alienation. Fathers have the right to maintain a meaningful relationship with their children. The courts may intervene if one parent engages in behavior that alienates the child from the other parent without valid reason.
  • Equal treatment. The legal system aims to treat fathers and mothers equally in matters of parental rights and responsibilities, although biases or stereotypes may sometimes affect outcomes.

Contact Foster Hsu, LLP Today

While things are looking up for fathers, it’s still important to have someone on your side looking out for both your and your children’s best interests.

The experienced team at Foster Hsu, LLP will help ensure you get a good outcome without being taken advantage of. We will protect your legal rights and help you meet your goals. To schedule a consultation with a San Jose fathers rights attorney, call 408-841-7200 or fill out the online form.

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