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Unmarried Fathers' Rights in California

Being an unmarried father in California doesn’t mean you have fewer rights when it comes to your child. However, it’s important to understand that there are legal steps you need to take to ensure your rights are protected.

If you're trying to establish paternity or seek custody, it's important to know where to start, as it can make all the difference.

At Holstrom, Block & Parke, APLC, our team has years of experience working with unmarried fathers to ensure they have a legally enforceable and acknowledged role in their children's lives.

Let’s walk through the key points that every unmarried father should know, starting with the foundation of it all—paternity.

Establishing Paternity: The First Step To Securing Your Rights

Before an unmarried father can claim any legal rights, he must establish paternity. Without legal recognition of paternity, you don’t have the right to seek custody, visitation, or make important decisions for your child.

There are a couple of ways to establish paternity in California:

Voluntary Declaration of Paternity

Voluntary declaration is a straightforward process where both parents agree to sign a form acknowledging the father’s paternity. It’s typically done at the hospital when the child is born, but it can also be done later. Once signed and filed with the state, this form legally establishes paternity without the need for court involvement.

Court Order for Paternity Testing

In some cases, the mother may refuse to acknowledge the father’s paternity, or there may be disputes about who the father is. In these instances, either parent can go to court and request a paternity test.

Usually, this is a genetic (DNA) test that determines the biological father of the child. Once paternity has been confirmed, the court can issue an order officially recognizing the father.

It’s important to know that just having your name on the birth certificate doesn’t automatically grant you legal paternity. You must sign the voluntary declaration or go through the court process to be legally recognized as the father.

If you don’t establish paternity, you won’t have any legal standing to seek custody, visitation, or make decisions for your child.

Custody Rights: Securing a Role in Your Child’s Life

After establishing paternity, unmarried fathers have the same rights as married fathers to seek custody or visitation. However, until paternity is legally recognized, the mother has sole custody of the child.

There are different types of custody arrangements in California:

Legal Custody

Legal custody gives a parent the authority to make decisions about important aspects of the child’s life, like education, healthcare, and general welfare. This arrangement can be shared between parents (joint legal custody) or awarded to one parent (sole legal custody).

Physical Custody

Physical custody determines where the child will live. Similar to legal custody, parents can share in this arrangement (joint physical custody) or it can be awarded primarily to one parent (sole physical custody), with the other parent having visitation rights.

When deciding on custody, California courts focus on what’s in the best interest of the child. The courts consider various factors, such as:

  • The age and health of the child
  • The ability of each parent to provide a stable and loving home
  • The child’s relationship with each parent
  • Any history of domestic violence, substance abuse, or neglect

Fathers have just as much of a right to seek custody as mothers..

Child Support: A Shared Responsibility

Both parents are financially responsible for supporting their child, whether they are married or not. Once paternity is established, the court can order child support to ensure that the child’s needs are met.

Child support is calculated based on several factors, including:

  • The income of both parents
  • The amount of time each parent spends with the child
  • Any additional costs, such as healthcare or childcare expenses

Keep in mind that child support is a separate issue from custody or visitation. Even if a father isn’t awarded custody or is denied visitation, he is still obligated to pay child support. Conversely, if the father is the primary custodial parent, the mother may be required to pay child support.

Protecting Your Rights: Be Proactive

As an unmarried father, you need to take proactive steps to protect your rights. One of the most important steps is to get a formal court order for custody and visitation, even if you and the mother have an informal agreement.

Without a formal order, your rights aren’t legally protected, and you may face difficulties if the mother changes her mind or if you want to enforce your visitation rights.

Here are a few tips for unmarried fathers:

Stay involved: Be present and actively involved in your child’s life from the beginning. Courts are more likely to award custody or visitation to fathers who can show a consistent and meaningful relationship with their child.

Document your involvement: Keep a record of your involvement with your child. This can include things like photos, communication logs, and any evidence showing that you’re providing financial support. These records can be helpful if you need to go to court to establish or modify custody arrangements.

The Importance of Legal Guidance

Having the right legal support can make all the difference when it comes to protecting your rights as an unmarried father. A family law attorney can help you establish paternity, negotiate custody and visitation, and ensure that child support calculations are fair.

An attorney can also assist with related matters, such as:

  • Modifying existing custody or support orders if circumstances change
  • Addressing concerns about parental alienation or relocation
  • Protecting your rights in cases involving adoption or step-parent adoption

Protecting Your Rights as an Unmarried Father in California

Navigating paternity, custody, and child support issues as an unmarried father can feel overwhelming, but you don’t have to do it alone. At Holstrom, Block & Parke, APLC, we’re committed to helping you secure your rights and build a strong, lasting relationship with your child.

Contact us today at (855)-426-9111 for a confidential consultation, and let us help you take the right steps to protect your role in your child’s life.

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.