Lake Charles Fathers’ Rights Attorney
If a father is dealing with custody issues, it can feel like they are fighting an uphill battle just to spend time with their children. While some believe that courts favor the mother in custody decisions, the courts actually prefer whatever agreement is in the child’s interests. A knowledgeable Lake Charles fathers’ rights lawyer can help you through this process.
Maintaining the Bond Between Father and Child
No matter how unique your family law case may be, the court has the goal of promoting the well-being of the children involved. Our personal experience with divorce, both as an adult and a child, gives us the ability to support fathers when negotiating for custody. At the Godley Law Firm, our experienced family law attorney’s aim to assist fathers who want to stay active in their child’s life.
The Paternity Process
If you are not married to the mother of the child when they are born, then the law does not automatically recognize you as the father in Louisiana. You might have to do more to prove that you are the rightful father, including:
- Acknowledgement of Paternity. This form is filed with the Louisiana Vital Records office through the Louisiana Vital Records office through the Louisiana Department of Health at 3236 Kirkman Street in Lake Charles. This document can be used if both parents are willing to establish a person as the father and give them both the rights and responsibilities of parenthood, and is generally done at the time of birth.
- Paternity claim. If paternity for the child is disputed, the father might have to file a claim in the 14th Judicial District Court, representing Calcasieu Parish. If this claim is successful, the court can order required paternity testing to verify whether or not the claimant is the child in question’s father. If the test confirms the relationship, the court can then issue an order for paternity.
- Request custody or visitation. A father can only request child custody or visitation if they are considered to be the biological father of the child. Having custody is necessary if you want to weigh in on important decisions that impact your child, like selecting one of the 62 schools in Calcasieu Parish for the child to attend.
- Challenge false paternity claims. In some cases, individuals claim to be the child’s father who are not. In other cases, men are named as the father, but they are not the biological parent. In either of these cases, a DNA case can be requested to make a decision. This is important in cases of child support and enforcement. In federal fiscal year 2023, DCFS enforced the payment of $21,988,526 in child support for Lake Charles families alone.
- Birth certificate changes. After a father establishes paternity, they might want to include their name on their child’s birth certificate. This can help with legal processes in the future. The father can request this addition after it is determined that they are the biological father.
If you’re going through any of these legal matters, an experienced paternity lawyer team can help you understand your rights and guide you through the process.
Contact the Godley Law Firm
Reach out today for personalized legal advice that fits your unique situation.
Custody and Visitation Rights
Most importantly, Louisiana courts promote the child’s interests when making custody decisions. This includes a variety of factors, the main ones being the child’s relationship with their parents, emotional ties to each, and how able each parent is at providing a stable home for them.
Courts often prefer joint custody if both parents are able to take care of their children. If a father wants custody and visitation rights of his children, he needs to prove that he is active and consistent in his child’s life. At the Godley Law Firm, we can help you assemble the evidence you need to demonstrate your commitment to fatherhood.
FAQs:
In Louisiana, fathers who have established paternity either through marriage, the Acknowledgment of Paternity affidavit, or a court order, have the right to seek custody or visitation and are obligated to provide child support. Unmarried fathers without formal paternity recognition do not have any rights to custody or decision-making until custody is established.
A: The court does not automatically favor the mother for child custody in Louisiana. Courts review the many different details of the situation, like each parent’s resources, their relationship with the child, their ability to care for their child, and their willingness to work with the other parent. Courts tend to prefer joint custody when possible because they understand the benefits of the child having an active relationship with both of their parents.
A: A father might still have to pay child support even if he shares equal custody in Louisiana. Custody is included in the child support decision, but each parent’s income and how much the child needs are also factored into the equation. If one parent earns a lot more than the other, they might still have to pay support. Louisiana uses a distinct formula to determine a parent’s child support obligations. Consult with a paternity lawyer to help estimate your payments.
A: To become a legal father in Louisiana, you might need to take additional steps if you were not married to the child’s mother at the time the child was born. If both parents agree, they can sign an Acknowledgement of Paternity form that establishes paternity. If both parents do not agree to do this, then the father might have to file a claim in court to request a paternity test. If the test proves that the father is legitimate, they can then move on to a paternity order.
Keep Your Role in Your Child’s Life: Meet Our Fathers Rights Lawyer Today
At the Godley Law Firm, we understand the importance of fathers in a child’s life. We also understand that family situations can be complicated. Let us help you retain your rights as a father and help you develop a legal, workable future for everyone involved. If legal action is needed to solidify your role as a father, schedule a consultation with the Godley Law Firm today.