California Child Custody Laws For Unmarried Parents Explained
Your children are the most important people in your life. If you are an unmarried parent fighting for custody of your child, it is important to have the right lawyer on your side. It is also vital to be familiar with the California child custody laws for unmarried parents so that you can properly protect your children in court.
Child Custody
Child custody can be a difficult issue to navigate, not only for parents but for the court also. Sometimes, child custody cases are completely within the court’s control, which can feel unfair and intimidating to the parents who are involved. Child custody lawyers can help by advising and counseling involved parents regarding their rights.
Laws for Unmarried Parents
In California, unmarried parents have specific legal considerations when it comes to child custody. When parents are married, custody may be more overtly clear than for unmarried couples, who may have to establish custody through more formal means. While mothers are granted natural custody at the time of birth, it can be more difficult for unmarried fathers to establish paternity.
Unmarried fathers in California must establish legal paternity before they can gain parental rights. They can do this by signing a Voluntary Declaration of Parentage (VDOP), which is a legal document that confirms the father’s status. If both parents agree on the paternity, they can sign the document and file it with the California Department of Child Support Services (DCSS). Then the father’s name can be added to the birth certificate.
Disputes Over Custody
In the event that unmarried parents are fighting over custody of their child, they will likely find themselves in family court. Their situation may be treated similarly to a divorce situation. As always, the primary focus of the court is to keep the interests of the child the priority. They may consider the child’s relationship with and attachment to each parent, the parent’s ability to properly care for the child, and the stability of each parent’s situation.
Types of Child Custody
Child custody is generally broken down into two main categories: physical and legal. Physical custody refers to the responsibility of caring for the child’s physical needs, such as shelter, food, and clothing. Legal custody is the responsibility to make decisions about the child concerning educational, medical, and religious aspects of their lives.
In California, it is possible for either parent to gain custody or for parents to share joint legal and physical custody. Parents may be given the opportunity to share in the decision-making processes for their child. They may also be given the opportunity to share physical custody with their child. This may look like the child moving between homes on a weekly or bi-weekly basis or within another time frame deemed appropriate by the court.
Starting a Parentage Case
A parentage case can be helpful for unmarried parents who need to establish the paternity of the father. The court is unable to require child support, insurance, and other responsibilities from an individual who is not legally recognized as the father of a child. Additionally, they cannot petition for visitation rights, custody, or other rights to a child who is not legally recognized as his own.
Multiple forms of paperwork must be completed and filed when being a parentage case. This includes a parentage packet, a proof of service of summons, and documents to serve with a petition to establish a parental relationship summons and petition. You may then be served with a response, and a hearing may be included in the next few steps.
FAQs
Q: How Can an Unmarried Father Prove Paternity?
A: In California, a biological father’s first step to establishing rights is to establish legal paternity. This can be done by signing a Voluntary Declaration of Parentage and filing it with the state. This form is typically signed at the hospital when a child is born, but it can be signed later on if necessary. In other cases, a judge can help determine who a child’s legal parents are in a parentage case.
Q: Is It Illegal to Keep a Child Away From the Other Parent?
A: It is illegal to keep a child away from a parent without a court order. Doing so can result in a punishment of jail time and significant fines. This includes not only the act of taking the child away from the parent but also of enticing them away. In some cases, a lawyer may be able to defend a parent who did so because of trying to protect the child.
Q: How Do I Get Custody of My Kids if I Am Unmarried?
A: Getting custody of your kids if you are unmarried in California will depend somewhat on whether you are the mother or father. The mother, whether married or unmarried, is automatically granted full custody of her child at the time of birth. Unmarried fathers, however, must establish paternity before parental rights can be granted.
Q: How Is Child Custody Determined in California?
A: Child custody is always determined with the interests of the child in mind. The primary focal point of any child custody case is what will most contribute to the child’s emotional, physical, and developmental well-being. The court will create a parenting plan that states how the parents are to share physical and legal custody, whether sole or joint custody is awarded.
Contact The Goldberg Legal Group Today
If you are in the process of fighting for custody of your children as an unmarried parent, the journey can be long and arduous. There are various legal complexities that can be confusing and difficult to make sense of. It is important that you grasp the fullness of your legal rights as a parent. This is where an experienced family lawyer who has handled similar cases can be beneficial.
At The Goldberg Legal Group, we are familiar with the complexities of such cases. We have helped many clients through this process, supporting them every step of the way. Contact our offices today to ask any questions you may have and to learn more about how we can help.
