Asserting Your Parental Rights
Many people assume, going into a divorce or other child custody case, that there is a preference for the mother to get primary custody and the father to get secondary custody and an order to pay child support. In fact, both mothers and fathers have equal parental rights.
At the Diamond Law Firm in Los Angeles, we help clients assert their parental rights and pursue outcomes that are in the best interests of their children. Contact us to schedule a free consultation with one of our experienced family law attorneys.
Understanding California Equal Protection Decisions
Historically, the typical outcome of a child custody case was that the mother — if she was a fit parent — got primary custody, while the father got some visitation time. The father would then pay child support to the mother to assist her in caring for the children.
Some states still prefer this arrangement, but in California, the courts have ruled under the U.S. Constitution, the gender of the parent is irrelevant in a child custody case.
That does not mean both parents will automatically get joint custody and equal parenting time. The court still needs to look at which arrangement will serve the best interests of the child. However, it cannot base parental rights on the gender of the parents.
Looking at the Specific Circumstances of Your Case
Ultimately, each case is unique. If the a child's mother has been the primary caretaker and is able to provide a more stable home environment, it may still be appropriate to give her a majority of the parenting time. However, the same applies to the father.
To learn more about your parental rights and what the lawyers at our firm can do to help you protect and enforce those rights, contact us today.
