California Family Code Section 7610 and Unwed Parental Custody
California Family Code Section 7610 deals with the legal relationship between parents and their children. Here’s everything you need to know about unwed parental custody.
If parents are unmarried upon the child’s birth, the mother is automatically granted parental rights. Upon the child’s birth from an unwed couple, the father does not automatically receive parental rights. Thus, fathers will often establish parentage and couples will often create custody arrangements.
What is California Family Code Section 7610?
California Family Code Section 7610 works to establish legal parent-child relationships. Specifically, this section claims that a parent and child relationship (particularly with the mother as the legal parent) exists if evidence can be provided that the mother did in fact birth the child. Furthermore, this section claims that a parent and child relationship exists between an adoptive parent and a child if proof of adoption can be provided.
Unwed Parental Custody
California family law states that regardless of whether a mother is married, she has automatic custody of her child. Thus, a mother does not have to go to court or legally establish herself as a legal guardian to have rights over her child. This means that it is the mother’s duty to provide care for her child by ensuring he or she has a suitable living situation, health care, education, and more.
Unless otherwise stated by court order, mothers have the right to determine whether the father of the baby can contact the child. That being said, without established paternity, mothers are not entitled to receiving child support from the father. Even if paternity is proven, California law states that paternity does not necessarily equate to parentage. This can complicate matters because if a father does not have parentage, mothers may not be able to receive child support and fathers may not be entitled to child custody or visitation.
Establishing Parentage
Parentage refers to the lawful relationship between a father and his child. In California, programs exist in which hospitals give unmarried parents the option for a father to establish parentage. Thus, if an unmarried couple agrees that the male is the father of a child, hospitals in California are required to allow both parties to attest to this through an affidavit. This affidavit can be used for various purposes, including obtaining child support. Once 60 days pass from the signing of the form, the acknowledgment is considered permanent and cannot be changed. Other ways to establish parentage include going to court.
Related: How to Establish Parentage in California
Different Types of Child Custody for Unmarried Parents
Unmarried parents are eligible to have different types of custody of their children.
Related: Child Custody Laws in California for Unmarried Parents
Some of the different custody arrangements include:
Sole Custody
Sole custody involves one parent having custody of the child. This typically occurs if one parent is able to prove the other parent is unfit to be around the child and therefore does not suit the child’s best interests. This can be proven by demonstrating evidence that the other parent cannot provide the child with necessary resources. Both mothers and fathers have the right to fight for sole custody if needed.
Joint Custody
Joint custody involves both parents having custody of their child. In such cases, physical and legal custody responsibilities must be determined.
Legal Custody
Legal custody deals with parents’ ability to make important decisions on behalf of the child. An example of this would be a mother having sole custody while also deciding to involve the father in the child’s life. Legal custody can either be joint or sole.
Physical Custody
Physical custody refers to which parent the child lives with. Physical custody can either be joint or sole.
Related: Legal vs Physical Custody in California: The Difference
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