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Fathers' Rights

Fathers' Rights Attorney in California

Protecting fathers' rights to be an active, involved part of their children's lives — from initial custody determinations to modifications and paternity matters.

Fathers Are a Vital Part of Their Children's Lives

Many fathers worry that California family courts will favor mothers when determining custody. That is not the law — and it is not the experience of clients who have been represented by Furubotten Law, APC.

Under California law, both parents have equal rights in custody matters. Courts are required by statute to make custody decisions based on the arrangement that best supports the child's needs and development — not on the basis of a parent's gender. Attorney Denise Furubotten has spent 30 years advocating for fathers' rights in California courts, and her track record in custody matters for men is exceptional — including successful results in some of the most unconventional and complex custody matters California courts handle.

Equal Rights Under California Law

California Family Code §3010 provides that both the mother and the father of a minor child have equal rights to the custody of the child. Courts are expressly prohibited from considering the sex of a parent as a factor in custody determinations. What matters is the parent's ability to provide for the child's health, safety, and welfare, and to maintain a positive relationship with the other parent.

California courts recognize and protect both forms of custody for fathers:

Helping Unmarried Fathers Establish Paternity

While mothers are automatically recognized as a child's legal parent at birth, unmarried fathers must establish paternity before they have legally recognized parental rights. Paternity can be established voluntarily through a Declaration of Paternity, or through a court proceeding. Once paternity is established, a father has the same legal rights to seek custody and visitation as any other parent.

Our team represents unmarried fathers throughout the paternity establishment process and then advocates for fair and meaningful custody arrangements that allow fathers to be active participants in their children's lives.

A Track Record in Complex and Unconventional Custody Matters

Furubotten Law, APC has developed a particularly strong track record representing fathers and non-traditional family structures in custody matters — including achieving exceptional results in cases that most attorneys would consider difficult or unlikely. Our experience includes successfully obtaining full custody for stepfathers in situations where such outcomes are rarely achieved in California courts. This depth of experience in complex custody advocacy is a resource available to every client we represent.

Fathers' Rights: Frequently Asked Questions

Can a father get full custody in California?
Yes. California courts can award sole physical custody to a father when the evidence demonstrates that sole custody is in the child's best interests. While joint custody is preferred in most cases, full custody is awarded to fathers — and to mothers — when the circumstances warrant it. Denise Furubotten has a strong track record achieving custody outcomes for fathers that other attorneys have said were impossible.
Do courts favor mothers over fathers in California?
No. California Family Code §3010 gives both parents equal custody rights, and courts are prohibited from considering a parent's gender. In practice, the outcome of any custody case depends on the specific facts, the quality of legal representation, and how effectively each parent's relationship with the child is presented to the court.
I am not on my child's birth certificate — what are my rights?
If you are not listed as the father on your child's birth certificate, you have limited legal rights until paternity is established. Once paternity is established — either voluntarily or through a court proceeding — you have the same legal standing to seek custody and visitation as any other parent.

Last reviewed: May 2026 · Author:

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