Los Angeles Parental Rights Attorney
At Blasser Law, our years of experience handling California family law matters have taught us that, typically, the most emotionally-charged issues that arise in divorce involve children. Child custody, child care, child-rearing, and child support issues are often the matters that parents find the most difficult to resolve outside of a courtroom. Moreover, the fundamental right to raise your children how you see fit is one of our most important, foundational rights. Every legal parent is guaranteed certain parental rights and protection for their relationship with their children. The court system and other government agencies are not allowed to interfere in a parent-child relationship unless absolutely necessary to protect the child from harm.
If you need help fighting for your rights as a parent, the passionate and dedicated California family law attorneys at Blasser Law are here to help. Whether you are dealing with child custody, visitation, child support, or child-rearing and upbringing issues, our experienced parental rights lawyers will fight on your behalf to protect your relationship with the children you love.
Rights Affected by Divorce
If you and your spouse share a minor child and you are going through a divorce, there are certain parental rights and responsibilities that must be resolved. Whether agreed upon by the parties in a settlement or dictated by a court after hearing each party’s arguments, a divorce must ultimately resolve parenting issues, including child custody, visitation or “parenting time,” and child support.
You may have additional parental issues that you or your ex-spouse feel must be resolved, such as the child’s schooling and religious upbringing. One parent may wish to move to another city or state to be near family or pursue an employment opportunity, raising questions as to what happens to the shared children. The rights of each parent on various child-rearing issues depend on the resolution of custody and visitation, but each parent does have the general right to raise their child as they see fit.
Fathers’ Rights Matter Too
Parental rights apply to both fathers and mothers in California. While historically, both the public and the courts viewed a mother’s rights as paramount over those of the father, those days are behind us. Fathers’ rights matter too, which is why establishing paternity can be so important.
Courts are required to view fathers’ rights and mothers’ rights equally in a divorce, focusing instead on the “best interests” of the child. Rather than gender of the parent, when deciding matters such as custody and visitation, the court must focus on the relationship of each parent to the child, the stability of the parent, financial circumstances, living and working situations, stability of the child’s life, and any other factor that ties into what would serve the child best.
Grandparents and Guardians
California Family Code section 3105 states that a parent has a “fundamental right to provide for the care, custody, companionship, and management of his or her children,” but that the right is “not absolute.” Children, in turn, have the “fundamental right to maintain healthy, stable relationships with a person who has served in a significant, judicially approved parental role.” This statute means that individuals who have served a parental function in the past may be able to seek visitation with their former wards, even over the objection of the child’s parents. Grandparents, for example, who have served in a parental capacity may have the right to visit their grandchildren, even if the parents prefer that they have no contact with their grandchildren.
If you find yourself in a dispute with your estranged parents or a child’s other former guardians who are seeking visitation over your objection, a dedicated parental rights lawyer can help you defend your rights as a parent to dictate your child’s upbringing. Your lawyer can help you demonstrate that such visitation would not be in the best interests of your children, which is the ultimate question in any custody or visitation matter.
Reach out to a California family lawyer for help with parental rights issues
Whether you are fighting for custody in a divorce, protecting your child’s religious or spiritual upbringing, or you are an unmarried parent seeking custody or visitation rights, the dedicated family law attorneys at Blasser Law are prepared to make your case. For assistance with paternity, custody, or other parental rights disputes in California, contact a compassionate, talented, and effective Claremont family lawyer at Blasser Law.