Fathers’ Rights

There is a common perception that a mother has the upper hand in child custody cases. However, the laws don’t favor one parent over the other.

It is paramount to present a father’s best case and lead the court to apply the law without regard to gender. Goldberg Jones remains dedicated to overcoming the common perception.

Barring extreme circumstances, fathers have the right to:

• Be a part of their children’s lives in a meaningful way and on a regular basis.
• It’s your right as a father to pursue child custody.
• If you do become the primary residential parent, it’s your right to petition the court for child support. These regular payments help cover the costs of food, shelter, clothing, and other necessities for your child.
• You have the right to see your children and be a steady presence in their lives, even if you’re not the primary residential parent.
• You have the right to regular, reasonable visitation under the law.
• It’s your right to have time free from interference by the other parent.

Washington State has placed an increased weight on keeping both parents involved in a child’s life after divorce or separation. This is great news for fathers.

If you want custody of your children, it takes time, energy, and effort. There’s a great deal of work involved. You have to draft and file legal documents, support your claims, and present your case.

In child custody decisions, the court takes the best interests of the minor children involved into account. Any verdict will ideally reflect that. Historically, many look at mothers as the most nurturing, fittest parents, whether that’s the truth or not.

There has been an increased emphasis, both publicly and in the courts, on the importance of both parents remaining key figures in a child’s life after divorce or separation.

This is hugely valuable for kids growing up. Though there has been more attention paid to it in recent years, the recognition of fathers' roles and that fathers can also be the better parent has legal roots in Washington dating back to the 1950s.

Washington began recognizing fathers as potential primary parents in the 1950s, with Johnson v. Johnson marking a key legal milestone.

When Kathleen and Warren Johnson divorced, the court granted Warren custody of their seven-year-old son, Michael. Kathleen, who struggled with depression, appealed multiple times but was unsuccessful.

In 1958, the case reached the Washington State Supreme Court, which upheld the previous decisions.

After considering all the evidence, the court concluded Warren was better suited to be the primary guardian. The ruling cited the father’s stability and responsibility, as well as his “good moral character.” He demonstrated deep devotion to the child and watchfulness over the child's well-being.

In the time the child lived with Warren, he made the transition from being what the court called “distraught and maladjusted” to an “adjusted, normal child.” Kathleen, however, was granted visitation.