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What Are A Mother And Father’s Rights In California, When You Are Not Married?

Nowadays, many couples have children when they are not married. Issues can arise with child custody, visitation, and support when these couples break up the relationship.

In a perfect world, the mother and father are friendly in such a situation and do what is in the best interest of the child or children. However, it is much safer and highly recommended to obtain court orders regarding custody, visitation and support issues, so that the mother and father each know their respective rights and obligations and that he does not there be no ambiguity as to the same.

This article will discuss the issue of children born out of wedlock to the prospective mother and father to give you a general understanding of California law regarding children born out of wedlock.

The prospective of the mother

The mother of a child born out of wedlock has a unique advantage in that she does not normally have to prove that the child is hers. If hospital records indicate that a woman gave birth to a child and the birth certificate issued at the birth of a child indicates that the woman gave birth to the child, there is usually no problem with what the mother shows that she is the paternal mother.

The mother of a child born out of wedlock will automatically be entitled to full custody of a child in the absence of a court order to the contrary.

She can give visitation to the father if she wishes, or she can refuse visitation to the father in the absence of a court order.

All minor children in California have the right to receive child support in accordance with a legal guideline. (The subject of child support will be covered in a separate future article). If the mother of a child born out of wedlock wishes to obtain alimony from the father, she will have to file and serve a request for the establishment of parentage on the father, and an order justifying the alimony with the competent court. .

If the mother is on welfare or Family Assistance with Dependent Children, the district attorney in the county in which the mother resides will usually assist with this process so that the county is reimbursed for the assistance provided to the mother. mother by the county. .

If a father voluntarily accepts paternity, the court will decide each party’s custody, visitation, and support rights based on the facts of the case. If the father denies being the father, he can ask for a DNA test to be done to determine if he is the father. Once this process is complete, the court will determine the rights of each party.

If a mother is unsure who the true father of a child is, she will need to file a petition to establish parentage on each potential father.

The court will normally grant the father access or custody of the child unless it can be shown that it is not in the best interests of the child for the father to have such rights.

The prospect of the father

The father of a child born out of wedlock has no rights of custody, visitation or alimony unless he obtains a court order to that effect.

If a father wants custody, visitation or alimony rights for a child born out of wedlock, he will need to file a petition to establish parentage and an order to justify custody, visitation and/or alimony.

The child’s mother may or may not agree that the father is the child’s real father. Either party can request that a DNA test be performed to prove whether or not the father is the paternal father of a child.

Once the court has determined paternity, the court will then consider many factors with respect to custody, visitation and support rights.

The court will normally grant the father access or custody of the child unless it can be shown that it is not in the best interests of the child for the father to have such rights.

The prospective of the mother and the father as a whole

The court will always try to determine what is in the best interests of the child when determining who will have custody and visitation rights over a child or children. This can be a long and expensive process in the event of a dispute. It is recommended that a mother and father try to informally work out a custody and visitation plan for a child or children and then obtain a court order that reflects the mother and father’s agreement.

If you cannot resolve the matter informally, the court will decide the matter for you.

Support for the child or children will be determined by the court using a statutory formula based on the income of both parties, the percentage of time each person spends with the child or children, and other factors.

It is always recommended to retain the services of a lawyer in these types of cases. Only a fool has himself or himself for a customer.

You can visit our family law website at http://www.divorce-legal.net for more general information about family law.

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