In California, Fathers have the same rights as mothers, during their California divorce.
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Fathers Divorce Rights
Fathers divorce rights have been an issue of concern ever since one conservative political commentator joined Former President Barack Obama, hardly well-known for conservative political views, in calling for a reform of the child support laws throughout the country in order to make them fairer to fathers. This commentator also called for a broader overhaul of family law in order to better safeguard fathers’ rights following a divorce.
With respect to child support, the commentator cites California’s support laws as an example of a system that tends on a practical level to discriminate against non-custodial fathers. Fathers divorce rights are being compromised, especially when child support comes into play. The commentator claims that because California is a community property state, a custodial mother with a child support order can not only keep her own income but also claim a substantial portion, over one-third, of her husband’s income. This disparity is in part to the fact that, as it stands, judges have the ability to include past and potential income in a child support calculation.
The commentator also argues that current child custody laws are not what is best either for fathers or their families believing to the contrary that they encourage domestic strife and judicial intervention. Particularly criticized is the modern interpretation of the best interests of the child standard, believing that it allows judges to substitute their decisions for those of the parents even, at times, in the most mundane of matters.
The commentator argues that judges who use the broad discretion that the best interests standard affords them will often delegate that discretion to a parenting coordinator or other professional for assistance. The commentator concludes that in reality, simply letting the parents work out a mutually acceptable joint custody arrangement is usually easier and better in the long run than having a professional make day-to-day decisions about rearing a child.
Nevertheless, California dads should remember that in many respects, they already enjoy broad fathers’ rights. Perhaps, most importantly, they have just as much of a right to child custody as the mother. Sometimes, a good dad who wants a relationship with his children just needs the right person to advocate his case.
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