Most married California parents are aware that if they decide to divorce, child custody will be a major focal point of their divorce proceedings. However, there are California child custody laws for unmarried parents, and if you are an unwed parent bracing for a custody dispute, it’s important to know how these laws will apply to you and to hire a trusted child custody lawyer at your first opportunity.
California Child Custody Laws For Unmarried Parents
Thousands of parents enter the California family court system each year to resolve child custody disputes. While some of these disputes are components of larger divorce cases, many unmarried parents will still face various challenges when it comes to resolving child custody. Ultimately, the child’s best interests are the court’s main concern in every custody case, whether parents are married or not.
Paternity is a major concern in most child custody cases involving unmarried parents. According to the California Department of Child Support Services, a total of 153,506 children in California had their paternity established judicially or through voluntary acknowledgement during fiscal year 2024. While paternity may still be called into question between married parents, it is more likely to be an issue in a child custody case involving unmarried parents.
Establishing paternity in these cases is vital, and it is also beneficial to all parties involved. Both parents can have peace of mind knowing their child’s parentage is lawfully recorded. The father will have confidence knowing the child is theirs and that the support they are paying is fair and reasonable. Establishing paternity is also beneficial to the child, especially later in life.
Resolving Custody and Paternity Disputes in California for Unmarried Parents
Child custody cases are inherently difficult in several ways. It’s natural for parents to want what is best for their children, and it’s common for them to fight for as much custody as possible. However, when it comes to unmarried parents, mothers are inherently advantaged because their custody is automatically secured upon the child’s birth. The unmarried father, on the other hand, must either voluntarily establish paternity or have paternity verified with a court-ordered test.
It is generally advisable for the unmarried father to establish paternity with a test, even if they believe there is little doubt as to whether the child is biologically theirs. It is an unfortunate reality that paternity fraud is more common than many people realize. For example, an unmarried mother may falsely assert paternity to gain a financial advantage if the alleged father earns more income than the child’s biological father.
Once paternity is established, child custody will be resolved based on the child’s best interests. Unmarried parents are often required to mediate child custody determination, developing a parenting plan and support agreement that they believe is most beneficial to their child. They then present their mediated agreement for final review before a family court judge.
Ultimately, the California child custody laws for unmarried parents apply the same to married parents, but unmarried parents are more likely to encounter paternity disputes that can significantly impact these cases. If you have questions about paternity and child custody in California, it’s important that you hire a child custody lawyer at your first opportunity so they can review the details of your situation.
FAQs
How Is Paternity Established for Unmarried Parents in California?
In California, paternity can be established for unmarried parents in various ways. When a mother is married, her husband is the presumed father of her child unless he contests paternity. An unmarried father, on the other hand, must legally establish paternity through signing a Voluntary Declaration of Paternity. An unmarried mother automatically has full physical and legal custody of her child after birth, but the unmarried father’s paternity must be formally established.
Why Should an Unmarried Father Establish Paternity?
An unmarried father must establish paternity to have any legally enforceable rights to custody or visitation. However, establishing paternity also creates a legally enforceable support obligation. If an unmarried father is uncertain whether they are the father of a child, they should seek a formal paternity test before signing a Voluntary Declaration of Paternity; otherwise, they could be held accountable for paying child support for someone else’s child.
Are There Penalties for Paternity Fraud in California?
Yes, there are penalties for paternity fraud in California, though these cases typically focus on civil remedies when a child’s mother has knowingly misrepresented their child’s paternity. The wrongly alleged father would have the right to claim compensation for child support they should not have paid, as well as other civil damages. If the mother knowingly made false statements to the court in a paternity dispute, she could face criminal charges for perjury or fraud.
Can a Child Custody Order for Unmarried Parents Be Changed in California?
Yes, it is possible for a child custody order for unmarried parents to be changed in California. Any child custody order may be modified if one of the parents experiences an unexpected life event that directly affects the terms of their standing custody order. The modification process entails a hearing at which both parents may argue the proposed change, and if the judge approves the change, it may be implemented with immediate effect.
Should I Hire an Attorney for a Child Custody Dispute in California?
Yes, you should hire an attorney for a child custody dispute in California, whether you are a married parent facing divorce or an unmarried parent resolving a standalone child custody case. Your California child custody attorney can help you make a compelling case for the custody terms you hope to secure, and they can also ensure the accompanying child support order is fair and reasonable while ensuring your child’s financial needs are met.
The team at Quinn & Dworakowski, LLP, understands that the California child custody laws for unmarried parents may seem overly strict, but the reality is that every child custody case in California aims to ensure the best interests of the child or children. Contact our team today to schedule a consultation and learn how we can help you navigate a complex child custody case.
