California Family Code 7610

California Family Code 7610 Attorney

When you have children with someone, you are connected with them for at least the first eighteen years of your child’s life, regardless of your relationship with the other parent. Ideally, both parents will work together to ensure that their child’s needs are met, but a contentious relationship can present challenges for parents. During a divorce, there will be a child support and custody order put in place, but it can be less straightforward for unwed parents. The California Family Code outlines how parental relationships are legally created.

If you are not married to, or in a committed relationship with, your child’s other parent, it can be difficult to determine issues like custody and child support. You will have to legally determine the relationship between you and your child, establish parentage if necessary, and make sure that you understand your rights as a parent. The child custody attorneys at Quinn & Dworakowski, LLP, can help you understand your rights as an unwed parent and ensure that they are respected.

How Is the Parental Relationship Established?

Legally establishing a parental relationship is especially important when the parents are unmarried. It is important to know who will have custody of a child, which parent can make major decisions, and how child support will be divided, if necessary. According to California Family Code 7610, there are a few ways that the parental relationship can be established.

Biological Parents

In the case of natural or biological parents who are not married, the birth parent is automatically given primary custody and decision-making power when their child is born.

For a non-birthing parent to be given parental rights, such as custody and legal decision-making power, parentage will have to be confirmed. Both parents can sign a Voluntary Declaration of Parentage (VDOP) to establish parentage, or a court-ordered genetic test can be completed to establish a biological parent. Since January 1, 2020, the VDOP replaced earlier ‘Declaration of Paternity’ forms and now explicitly covers all family structures, including same-sex couples and families formed through assisted reproduction.

Adoptive Parents

One other way for a parental relationship to be established, according to California Family Code 7610, is through adoption. For the parental relationship between a child and their adoptive parent to be established, there must be proof of adoption. This method may be necessary for a non-biological parent who wishes to adopt their partner’s child from a previous relationship or for same-sex couples where one partner is the biological parent and the other has not yet legally established parentage. Regardless of circumstances, once the proper parental relationships are established, agreements regarding custody, visitation, and child support can be created.

How to File a Voluntary Declaration of Parentage in California

The VDOP is a free government form available at California birthing hospitals, the Orange County Superior Court Family Law Facilitator‘s office, local child support agencies, and registrars of births and deaths. Once both parents sign in front of an authorized witness and file the completed form with the California Department of Child Support Services (DCSS) Parentage Opportunity Program (POP), it has the same legal force as a court judgment of parentage.

DCSS takes an average of 14-21 business days to process a VDOP. Either parent has 60 calendar days from the date of signing to cancel the VDOP by filing a recession form. After that window closes, only a court order can undo the parentage finding.

What Happens if Parents Can’t Agree on Parentage

If parents cannot agree on parentage, either party may file a Petition to Establish Parental Relationship with the Orange County Superior Court. The court can order genetic testing, and a refusal to submit to court-ordered testing can be treated as an admission of paternity.

Custody for Unmarried Parents in California

In California, it is expected that both parents will contribute to the support and well-being of their child, regardless of the relationship they share with each other. Parents who are divorced have a custody and child support order in place to determine how much time their child spends with each parent and what financial responsibility each parent has.

These orders are similar for unmarried parents, but only when parentage or paternity has been established. A birth parent who is not married to the other parent, and has not established parentage, does not have to allow the other parent to see the child, but that parent is also not required to provide support. Common custody orders for unmarried parents include:

• Sole Custody: This is sought if one parent is unfit to care for the child, cannot provide for their needs, and would potentially put the child in danger. This can be difficult to obtain because you are required to prove any claims you make.
• Legal Custody: This primarily refers to which parent is able to be involved in making major decisions about the life and health of their child. For unmarried parents, a non-birthing parent can obtain joint or sole legal custody once parentage is established.
• Joint Custody: This is a situation where parental relationships have been established with both parents, and they share physical and legal custody of the child. Each parent has equitable time spent with the child and is involved in making any major decisions about the child’s life.
• Physical Custody: This determines which parent the child will live with most of the time, referred to as the custodial parent. The non-custodial parent will have visitation rights, which are determined based on the interests of the child.
• Child Support: This is a specific amount of money that the non-custodial parent is required to pay each month to ensure that the needs of their child are met.

In all custody decisions for unmarried parents, the Orange County Superior Court applies the ‘best interests of the child’. The court does not give preference to either parent based on gender. It looks at each parent’s relationship with the child, stability of the home environment, history of domestic violence, and ability to co-parent cooperatively.

FAQs

Q: How Does Custody Work With Unmarried Parents in California?

A: When parents are not married in California, the birth parent is automatically given parental rights following the birth of a child. The other parent does not receive parental rights automatically, so they will have to go through the process of establishing parentage. This can be accomplished through a Voluntary Declaration of Parentage (VDOP) signed by both parents or by a court-ordered genetic test.

Q: What Rights Do Unmarried Fathers Have in Child Custody in California?

A: In the event that a child’s parents are not married when the child is born, the father will not be granted parental rights automatically. They will have to establish their parentage of the child either by voluntarily signing a Voluntary Declaration of Parentage or undergoing a court-ordered genetic test. Once parentage is established, the unwed father will have parental rights as determined by the custody order that is put in place.

Q: What Rights Do Unmarried Parents Have in California?

A: The rights of an unmarried parent in California will depend on their relationship with the child in question. A birth parent will have automatic parental rights, including the power to make decisions regarding things like medical care and major legal decisions, as soon as their child is born. The other parent will have to have their parentage established and verified in the courts before they can receive parental rights.

Q: How Is Custody Decided for Unmarried Parents in California?

A: Parents who are not married in California will have to create an agreement for things like visitation and child support the same way that divorced parents do. One major difference for unwed parents, however, is that parentage must be established for the non-birthing parent before the agreement can be reached. This can be done through a Voluntary Declaration of Parentage or through adoption.

Q: Can an Unmarried Father Establish Parentage Without the Mother’s Cooperation?

A: Yes. If the mother will not voluntarily sign a VDOP, the father can file a Petition to Establish Parental Relationship in the Orange County Superior Court. The court can order genetic testing and, once parentage is confirmed, issue custody and visitation orders based on the child’s best interests – regardless of the mother’s preferences.

Q: Can an Unmarried Mother Modify a Custody Order Later?

A: Yes, but only by showing a ‘material change in circumstances’ as required by California Family Code section 3022. Courts do not reopen custody arrangements based on convenience. Significant changes, like a parent relocating, a substantial change in a child’s needs, or a change in a parent’s ability to provide care, can justify a modification request.

Quinn & Dworakowski, LLP, Can Help Unmarried Parents

If you have a child with someone you are not married to, or do not have a romantic relationship with, it can be difficult to know how things like custody, legal decision-making, and child support will be established. You will also have to deal with the processes of finalizing an adoption or establishing parentage, depending on your circumstances. Quinn & Dworakowski’s founding partners, Stephane Quinn and David Dworakowski, are both Certified Family Law Specialists by the California Board of Legal Specialization, a designation held by fewer than 1% of California attorneys. The firm has handled complex custody and parentage matters in the Orange County Superior Court for over a decade. An experienced child custody attorney from Quinn & Dworakowski, LLP, can make the process easier. Contact our office today for assistance.

Questions about parentage or custody as an unmarried parent? Call Quinn & Dworakowski, LLP today:  (949) 660-1400