Fathers’ Rights Attorneys Fighting For You

In the eyes of the California family court, a father’s role is indispensable. For decades, outdated social tropes suggested that mothers were the natural choice as primary caregivers, but California law has evolved to reflect a more equitable reality. Today, the law is explicitly gender-neutral: judges are prohibited from favoring one parent over the other based on their sex or gender identity.

At Macksoud Macksoud & Davis, LLP, we stand as a shield for fathers who are fighting for their rightful place in their children’s lives. Established in 1971, our family law attorneys bring over 50 years of big firm power with a small firm feel to the Long Beach community. Whether you are entering a high-conflict divorce or seeking to establish paternity, our father-son duo and certified family law specialists provide the compassionate guidance you need and the formidable protection you deserve.

Your Legal Right To Frequent And Continuing Contact

The cornerstone of California child custody law is the best interests of the child standard. Under Family Code Section 3020, the state recognizes that unless the child’s health, safety or welfare are at risk (for example if one of the parents has a history of physical abuse), it is almost always in a child’s best interest to have frequent and continuing contact with both parents.

We aggressively represent fathers in securing:

• Joint legal custody: The right to share in the decision-making process regarding your child’s health, education and welfare.
• Joint physical custody: Ensuring your home remains a primary residence for your child.
• Equitable visitation schedules: Crafting parenting plans that reflect your actual involvement and availability, rather than a standard every-other-weekend arrangement.

If your role is being unfairly marginalized or if you are being treated as a secondary parent, we have the experience to challenge those biases and restore balance to your parental bond.

Establishing Paternity: The First Step For Unmarried Fathers

For unmarried fathers, your legal rights do not begin automatically at birth. In California, if you were not married to the mother when the child was born, you must legally establish parentage before you can request custody or visitation orders.

We assist fathers in achieving this goal through:

• Voluntary declarations of parentage (VDOP): Helping you correctly file the necessary paperwork to be recognized as the legal father. Under Family Code § 7573, a VDOP is only valid if signed by the biological parent and the only possible genetic parent (or in specific assisted reproduction cases). If another person is already a legal parent or if there is a dispute about genetics, a VDOP may be legally insufficient.
• Paternity actions: Filing petitions in court to establish parentage, including requesting DNA testing when necessary.
• Parental rights enforcement: Once paternity is established, we immediately move to secure your rights to custody, support, and access to medical and school records.

Establishing paternity is the vital foundation that transforms a biological connection into a protected legal relationship. Our firm ensures this process is handled with precision, securing your seat at the table so you can begin exercising your rights and building a lasting legacy with your child.

Frequently Asked Questions

The path to building your family often begins with a series of logistical and financial questions regarding the legalities of the process. We believe that clarity is the first step toward peace of mind, which is why we have addressed the most common concerns parents face when starting their adoption journey in California.

What is the biggest mistake in a custody battle?

The biggest mistake many fathers make is being passive or withdrawing during the initial separation. In California, the status quo matters; if you allow a mother to establish a routine where you are only seeing the child a few days a month, the court may be inclined to keep that schedule to maintain stability for the child. Other critical errors include failing to document your involvement (like attending doctor appointments or school plays) and allowing high emotions to lead to aggressive texts or social media posts that can be used against you in court.

What rights do fathers have in California for child custody?

Fathers in California have the exact same legal rights as mothers. This includes the right to seek sole or joint physical and legal custody. Under Family Code Section 3040, the court cannot prefer a parent as a custodian because of that parent’s sex, gender identity, or gender expression. Your rights include having a say in where the child goes to school, what medical treatments they receive, and the right to spend significant, meaningful time with them on a regular basis.

Can a mother withhold a child from the father?

For unmarried fathers who have not established paternity, the mother has sole legal and physical custody by default under Family Code § 7610. Until parentage is established, a mother is generally legally entitled to withhold the child, and law enforcement cannot intervene without a court order.

If there is a court order in place, withholding a child is a violation of the law and can lead to contempt charges, fines or even a modification of custody in your favor. If there is no court order yet, while neither parent has more right than the other, withholding a child is viewed very unfavorably by judges, as it demonstrates an inability to foster a relationship with the other parent, a key factor in determining who should have primary custody.

While these answers provide a general overview, every family’s situation involves unique nuances that require a personalized legal strategy. We invite you to reach out to our team to discuss your specific goals and ensure your transition into parenthood is handled with the utmost care and professional precision.

Protecting Your Relationship And Your Financial Stability

A custody dispute is often as much about financial stability as it is about time. Child support in California is calculated using a complex formula that heavily weighs the time-share (the percentage of time the child is with each parent). By fighting for your right to spend more time with your children, we are also protecting you from unfair financial burdens.

Our team, led by Alexander Macksoud II and Cameron Davis, understands the high stakes involved. We are true trial lawyers who are not afraid to enter the courtroom to protect your rights from being eroded by a high-conflict co-parent or outdated prejudices.

Contact Macksoud Macksoud & Davis, LLP, Today

To schedule a free phone consultation, call us at 310-961-2989. You can also reach us using our online contact form.