Under normal circumstances, both non-custodial and custodial fathers have an obligation to support their children and the right to fair and reasonable support payments. In the State of California, there are certain guidelines and qualifications for receiving child support as a father. Here’s everything you need to know about California father’s rights in child support.
What are Parentage and Paternity?
The term “parentage” is a word used in dependency court referring to a child’s legal parents. This definition is also applicable to the term “paternity”. A father may qualify as a legal parent even if they are not biologically related to the child. Establishing parentage is necessary before custody, visitation, or child support will be ordered by a court.
There are two main ways to establish parentage when the child’s parents are not married:
- Signing a voluntary declaration of parentage or paternity, OR
- Getting a court order (either on your own or with the help of the Local Child Support Agency)
A judge may be asked for child support or custody and visitation orders as part of a case that establishes the child’s parentage. These rules for establishing parentage are also necessary for same-sex parenting situations.
Related: How to Establish Parentage in California
Father’s Rights
Once parentage is established, the child’s father will have the rights and responsibilities of a parent as outlined by California state law:
- He will be able to request custody and visitation (parenting time) orders from the court so that they may legally visit with their child.
- He will also be responsible for paying child support and will have to pay half of the uninsured healthcare costs for the children and half of the child-care costs that result from the custodial parent getting or having a job or going to school.
The California Family Code explicitly outlines the legal obligations for parents in caring for their children. Thus, if a father is established as a legal parent of a child, they must financially support the said child.
The Right to Child Support in CA
As a father, an individual has the right to request that their ex-spouse pay child support. This applies to parents as long as they share custody of the children or if the father has sole custody. In the State of California, both parents are treated equally regardless of gender. This means that fathers, as well as mothers, have the right to avoid paying too much child support.
There is a specific child support guideline – which can be deviated from in necessary circumstances – that outlines how much each parent is expected to pay to each other to assist in caring for their children. Certain factors that come into play with this determination are child care expenses, tax implications, net income, and medical insurance premiums.
Related: Child Support Uniform Guideline: CA Family Code 4053
FAQs about California Father’s Rights in Child Support
What is a father (or mother) receiving child support permitted to use it for?
Child support can be beneficial to help pay for a multitude of expenses by a parent for their child. These expenses include:
- Educational expenses
- Extracurricular activities
- Housing expenses
- Medical expenses
- School expenses
- Transportation expenses
- Anything else the receiving parent needs to provide for the children, including utility bills and other necessities
What happens if the father does not admit he is a parent? Is he still entitled to child support or custody?
If a father does not admit that he is a parent, the court may need to get involved and order the alleged father and child to submit genetic testing. This will legally establish parentage, and thus aid in determining whether the father is subject to child support and custody.
What are the legal privileges of establishing parentage?
The most important result from establishing parentage is that the court can make orders for child support, health insurance, child custody, visitation, etc. Additionally, there are a number of legal rights and privileges associated with establishing parentage, such as financial support from both parents and the right for the child to inherit from either parent.
Contact Us
Child support can be complicated, so it is in your best interest to consult an attorney. Contact Her Lawyer; we can connect you with an experienced Child Support attorney to answer any questions you may have about California father’s rights in child support.