Rights Of Unmarried Parents In California

By Author: Robert Deller
Total Articles: 159
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Every father has the right to care for their child and be involved in their life. Unmarried fathers have challenged the termination of their parental rights when a birth mother relinquishes custody in adoption cases. The United States Supreme Court found that the existence of a biological link between a father and child provides an opportunity to establish a significant relationship. However, States have their own discretion in determining the rights of unmarried fathers when a legal relationship to a child has not yet been established.

Establishing Paternity
According to a Riverside divorce lawyer, there are several ways for a man to establish paternity that includes any of the following:

• The parents are married to one another when the child is born
• Both parents sign an affidavit acknowledging paternity
• Genetic testing is performed proving that he is the biological father
• The family court issues an order to have paternity established
• The biological parents become married after the child is born
• The father’s name is listed on the child’s birth ...
... certificate

Any father who is fighting to establish paternity can submit a petition to the family court requesting that DNA testing be performed. The State of California has an interest in establishing paternity for all children so they have rights and financial benefits. Until paternity has been established, the court does not have the authority to address issues involving a father’s legal rights for visitation and custody.

The Rights of the Mother
When an unmarried gives birth to a child, she is granted legal custody automatically, unless there is a court order that says otherwise in cases involving adoption or surrogacy. Women who have children that are not married to the father may want to establish paternity to guarantee financial support for the child. When the child is born, the mother can choose to put her last name or the father’s on the birth certificate. However, if a single mother wants to change the name of the father listed on the birth certificate, a court order must be obtained.

The Rights of the Biological Father
The State of California considers the rights of mothers and father to be equal under the law. When making custody and visitation decisions, the court will favor whichever parent can provide a stable and loving environment. There are different types of child custody the judge will consider:

Physical Custody—This is defined as the parent’s right to have the child live with them. The custodial parent is responsible for the daily care of the child.

Joint Custody—Both parents share the responsibility for any major decisions regarding the children. This allows the responsibility to be shared between the parents.

Legal Custody—Legal custody gives the parent the right to make decisions regarding the children’s upbringing. These types of decisions usually include where the child will go to school, what type of medical care they get and which religion they will be raised with.

The family court judge can choose to award custody to a third party if the parents are deemed unfit, involved in criminal activities, addicted to drugs or alcohol or have been incarcerated.

When to Seek Legal Advice From a Family Law Attorney
The above information is intended to provide information about the rights of unmarried parents and is not considered to be legal advice. Anyone going through a custody battle should call a Riverside divorce attorney for help. Consult a domestic violence attorney if you or someone you love is involved in a situation involving domestic abuse.

Riverside Divorce Lawyer: For more than 20 years, the Law Offices of Robert Deller & Associates has provided aggressive representation in family law, personal injury, and criminal defense. If your're looking for an experienced Riverside divorce lawyer or Riverside Domestic Violence Attorney contact us at 951-680-9000 to schedule a convenient appointment.http://www.dellerfamilylaw.com