Fathers' Rights Attorney

What the Law Actually Says

California Family Code § 3040 explicitly states that custody shall not be awarded to one parent over the other solely on the basis of sex. Courts must apply a gender-neutral "best interests of the child" standard — meaning a father who is actively involved in his children's lives has exactly the same legal standing as a mother.

The reality many fathers face, however, is that initial custody arrangements often favor the primary caregiver — and in many families, that has historically been the mother. This is not a reflection of the law; it is a reflection of the facts courts assess. When fathers are equally or more involved in daily caregiving, that involvement matters enormously in the custody determination.

Building Your Custody Case as a Father

The most effective thing a father can do in a custody dispute is document his involvement. Courts look at who attends school events, who handles medical appointments, who cooks meals and helps with homework, who the child calls when sick or scared. Fathers who can demonstrate consistent, meaningful caregiving involvement are in a strong position.

Attorney Sarkovich works with fathers to:

• Document and present evidence of parenting involvement
• Rebut false or exaggerated allegations
• Challenge arrangements that unfairly minimize father-child time
• Pursue legal and physical custody on equal footing
• File custody modification requests when existing orders need updating
• Respond to restraining order filings that may affect custody rights

When Domestic Violence Allegations Are Raised

Domestic violence allegations — true or false — significantly affect custody cases. Under California Family Code § 3044, a parent found to have committed domestic violence within the previous five years faces a rebuttable presumption against receiving sole or joint custody.

False allegations do occur. If you are facing allegations you believe are untrue or exaggerated, the response strategy matters enormously. Attorney Sarkovich handles these situations carefully, presenting evidence methodically and challenging claims that are not supported by the record.