Do You Have a Child Who Was Born Outside of Marriage?
In California, the law prefers that every child receive care and support from both parents. This applies regardless of whether the parents were married at the time the child was born. Unmarried parents have the same rights as married or divorce parents.
At the Diamond Law Firm in Los Angeles, we are experienced at helping unmarried parents assert their rights in child custody, visitation and support cases. To schedule a free consultation with one of our experienced family law attorneys, contact us today.
Understanding Your Rights as a Parent
Unmarried parents — including both mothers and fathers — have the same rights under California as parents who are married or have gotten divorced since having children. The only difference is how the law identifies a child's father.
When a married woman gives birth, her husband is presumed to be the father. When an unmarried woman gives birth, a paternity action may be necessary to identify the father.
Once paternity is established, the person identified as the father has parental rights under California law. He can pursue child custody, and either party can be required to pay child support to the other depending on the custody situation and their respective incomes.
Pursuing the Best Interests of the Child
It is important to remember that parental rights are secondary to children's best interests. Sudden changes to a child's life are almost never considered to be in his or her best interests. However, the relevant issue is the history of the parent-child relationship, not marital status.
If a father has not previously been active in his child's life, the court may order stepped-up visitation in order to gradually introduce him as a parental figure.
The lawyers at our firm are experienced at standing up for unmarried parents' rights in family court. Contact us to discuss how we can help you protect your rights.
