What Unmarried Parents Need to Know About Child Custody Laws in California
Child custody laws in California treat unmarried and married parents differently. Here’s what you need to know about California’s child custody laws for unmarried parents.
California has specific guidelines to determine custody of children born out of wedlock. If you’re a mother looking to keep custody of your children, contact Her Lawyer to get in touch with one of our experienced child custody attorneys.
Who has custody of a child when the parents are not married?
In California, unmarried mothers have full custody of children born out of wedlock. Unwed mothers do not need to take any legal action to gain custody of their children born out of wedlock. Unmarried fathers do not have legal custody of their children unless they establish legal paternity.
Legally speaking, unmarried mothers are fully responsible for taking care of the child and making decisions on their behalf. It is completely up to the mother’s discretion whether to allow the child to see their father.
Unwed mothers carry both physical and legal custody of their child, meaning they have the legal authority to make decisions on the child’s behalf and physically care for them.
What parental rights do unmarried fathers have in California?
Unmarried fathers that have not established legal paternity for their child have no child custody or visitation rights. California law automatically assumes that married parents are the legal parents of a child born during the marriage, but does not assume so with unmarried parents.
Even unmarried fathers that have their name on their child’s birth certificate do not have legal or physical custody of their child. The only way for fathers to gain parental rights to custody and visitation of their child is by establishing legal paternity. Once an unmarried father establishes legal paternity of their child, they can make decisions on the child’s behalf.
Can an unmarried father legally take the child from the mother?
In California, unmarried fathers can legally take child custody away from the mother if they prove in court that the mother is unfit to care for the child. In these instances, the judge may award sole or primary custody to the father.
How can an unmarried mother protect her child custody rights?
The best way for an unmarried mother to maintain legal and physical custody of her child is by being the best possible parent she can be. In court, unmarried fathers may try to argue that the mother is unfit to parent. If you, as a mother, uphold parental responsibilities, you’ll keep custody rights.
Sample Child Custody Agreement for Unmarried Parents
One of our attorneys can draft and submit a child custody agreement that fits your specific needs as an unmarried parent. Every child custody matter is unique, and so are their agreements. As every parent’s legal situation is different, try to avoid using sample child custody agreements.
Who has custody of a child born out of wedlock?
In California, mothers have full custody of children born out of wedlock. Unmarried fathers do not automatically have legal or physical custody of their children unless stated by a court order.
Contact Us
If you’re reading up on California’s child custody laws for unmarried parents, contact us. One of our skilled child custody attorneys for mothers can help you keep both physical and legal custody of your child. Her Lawyer’s experienced child custody lawyers help mothers successfully win and keep custody of their child.
Mothers wanting to keep custody of their child should contact Her Lawyer. We’ll get you in touch with the right attorney for your needs and preferences. Your first consultation is free. We’re here to help 24/7.