Fathers' Rights Attorney in California

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:

• Legal custody — the right to make decisions about the child's education, healthcare, and upbringing
• Physical custody — the right to have the child live with you and to directly parent the child

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.

Last reviewed: May 2026 · Author: Denise Furubotten, Esq.

Fathers Rights and Legal Rights for Dads in California

Legal rights for dads in California are identical to legal rights for mothers -- California Family Code is gender-neutral and courts cannot prefer one parent over the other based on sex. A father who has established paternity has the right to petition for joint or sole physical custody, joint or sole legal custody, and scheduled parenting time. He has the right to information about his child's school, medical care, and activities, and the right to participate in major decisions about the child's upbringing if awarded joint legal custody.

Rights for dads in contested custody proceedings: a father who has been actively involved in his child's daily care -- attending school events, medical appointments, and extracurricular activities, and providing day-to-day care -- is in the strongest position to seek joint or primary physical custody. Courts look at the existing parenting relationship, not just declarations about future intentions. Fathers who begin documenting their involvement in the child's life as early as possible, and who continue to show up consistently through the litigation, present the strongest custody cases.

Dads rights lawyers in California: Furubotten Law, APC represents fathers in custody, support, paternity, and relocation proceedings throughout Orange County and Riverside County. Denise Furubotten, Esq. has over 30 years of experience in California family law and approaches fathers' rights cases with the same analytical rigor and courtroom advocacy as any other family law matter. Call (714) 795-3862.