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Do Unmarried Fathers Have Child Custody Rights in California?
Given the evolving cultural norms, about 35% of children in California are born out of wedlock. However, the trend presents some unique challenges for unmarried fathers in the event of a breakup.. If the father wants custody of the child, they may have an uphill battle protecting their parental rights.
If you’re in the middle of a custody dispute and you were not legally married to the child’s biological mother, it’s advisable to seek the legal guidance of skilled San Diego lawyers. They can explain to you all you need to know about your rights and help you uphold them by taking the necessary legal steps.
As you begin the journey of fighting for child custody, it’s vital to remember that the custody and parental responsibilities of a child born out of wedlock are automatically granted to the mother. Before the court recognizes your rights, you must establish paternity.
What Does It Mean to Establish Paternity?
Fathers’ rights attorneys in San Diego explain that paternity is a legal term the government uses to assign a specific man as the child’s father. The process entitles the child to the same privileges and rights as a child with married parents. It also benefits the child emotionally and psychologically by giving them a sense of identity.
When a child’s father and mother are married, parentage is usually not an issue, as the child’s father’s identity is legally assumed to be the man married to the mother. In other words:
- The mother’s male partner at the time of the child’s birth is assumed to be the father
- A male living with the mother as family and demonstrating commitment to the child is considered the father, even if not biologically.
In these cases, parents can voluntarily sign a declaration of paternity to acknowledge they are the child’s parents. The birth certificate will bear the father’s name, and he will assume parental rights and responsibilities to the child.
Paternity for Unmarried Fathers
In the case of unmarried fathers, establishing paternity can be through one of the following procedures:
- Signing a Declaration of Paternity during the child’s birth. The voluntary measure establishes both parties as the child’s legal parents. If you sign the document before the child’s birth, your name will appear on the birth certificate. A new certificate bearing your name will be issued if you sign the document at a later date.
- Through the California Department of Child Support Services (DCSS). You can ask the local child support agency to establish paternity on your behalf. The service is free and available even if the child hasn’t been born yet. This will trigger child support orders though as well, so keep that in mind.
- Court petition: You can file a request to the court to establish legal paternity. The process is multi-faceted, so seek the assistance of dedicated fathers’ rights lawyers in San Diego.
Father’s Right in the Case of Same-Sex Parentage
If you had adopted a child together with your same-sex partner, you would share legal custody by default. If only one parent had adopted the child or is the child’s legal biological father, and the other parent hasn’t established paternity, the sole legal parent would assume custody.
The parent without legal custody would have to seek the court’s intervention if they believe they are entitled to parental rights. San Diego attorneys say parental rights for unwed or same-sex couples in California depend on whether or not legal paternity has already been established.
Can an Unmarried Father Get Legal or Physical Child Custody?
Child custody laws in California divide custody into two primary categories:
- Legal custody gives a parent the right to make significant decisions about the child’s welfare, healthcare, education, extracurricular activities, and religious upbringing
- Physical custody determines where the child lives and their daily care.
San Diego fathers’ rights attorneys say the court can award both types of custody equally between unmarried parents. Alternatively, depending on the case specifics, one parent may be allowed to have sole legal or physical custody. Judges decide based on what is best for the child, not the parents.
What Factors Do Courts Consider When Awarding Custody for Unmarried Parents?
Courts follow the same principles when determining custody for married and unmarried parents. Crucial factors courts evaluate include the following:
- The psychological, emotional, and physical well-being of the child
- The parental involvement of each party in the child’s life
- Parental fitness, emotional stability, and physical availability to nurture the child
- Domestic violence and child abuse history
- The child’s relationship and bond with each parent
- The child’s current social bonds and stability in the current environment
- The child’s wishes, based on their age and maturity
Visitation Rights for Unmarried Fathers
Courts typically award visitation rights to the non-custodial parent, also known as parenting time. Fathers’ rights attorneys in San Diego explain that visitation can be:
- Reasonable, allowing parents to create their flexible visitation schedule
- Structured, which lays out specific days, times, and locations for visits. The option often applies in high-conflict custody cases where parents can’t agree on a flexible schedule.
A Skilled Child Custody Lawyer Helping You Navigate Child Custody for Unmarried Fathers
As an unmarried father seeking custody of your child, it’s essential to familiarize yourself with the nuances of establishing paternity and presenting substantial evidence to show why you deserve to be granted legal or physical custody of the child. Navigating all these factors can be overwhelming, so it would help to seek legal guidance from experienced San Diego fathers’ rights lawyers.
Khosroabadi & Hill, APC, hosts a dedicated team of San Diego attorneys who can assist you at this challenging time. We have years of experience representing clients facing various family law issues, and we can help you, too. Call us at 858-240-2093 to schedule a FREE consultation.
