Parenting outside of marriage is increasingly common in California, yet custody and visitation questions can quickly become complicated when parents separate or disagree about raising a child. Unlike divorce, which automatically involves specific family law processes, unmarried parents often need to take additional steps to establish their legal rights and responsibilities.
Understanding how California law approaches custody for unmarried parents can help you protect your relationship with your child and make informed decisions for their future.
Why Custody Rights Matter for Unmarried Parents
Custody rights grant parents the authority to make significant decisions on behalf of their children and to spend quality time with them. Without a formal custody order, one parent may have more control over the child’s day-to-day life, leaving the other with limited access or no legal recourse in the event of disagreements.
This lack of clarity can create tension and instability for both parents and children. Establishing custody rights ensures that both parents’ roles are legally recognized and that the child benefits from the support and involvement of both parents and their families.
How Paternity Affects Custody Rights
Before custody or visitation can be established, the child’s legal parentage must be determined. For mothers, this is automatic at birth. For fathers who are not married to the child’s mother, paternity must be legally confirmed. This can be done by signing a Voluntary Declaration of Parentage at the hospital or later, or by pursuing a court order supported by DNA testing.
Once paternity is established, the father has the same rights and responsibilities as the mother, including the ability to seek custody or visitation orders.
What Types of Custody Can Unmarried Parents Request?
California recognizes two primary forms of custody: legal custody and physical custody. Legal custody involves decision-making power regarding education, healthcare, and welfare, while physical custody determines where the child primarily resides.
Parents may share joint custody or one parent may have sole custody, depending on the circumstances and the child’s best interests. Understanding these distinctions helps parents clarify their goals when petitioning the court and ensures they request an arrangement that supports their child’s well-being.
They include:
- Joint Legal Custody: Both parents share responsibility for important decisions.
- Sole Legal Custody: One parent has the right to make decisions without the other’s input.
- Joint Physical Custody: The child spends significant time living with both parents.
- Sole Physical Custody: The child lives primarily with one parent, while the other typically has visitation.
How Courts Decide Custody for Unmarried Parents
Judges evaluate custody disputes for unmarried parents using the same “best interests of the child” standard applied in divorce cases. This means the court focuses on factors such as the child’s age, health, emotional needs, relationship with each parent, and the ability of both parents to provide a stable environment.
Evidence of abuse, neglect, or substance abuse will also weigh heavily. The goal is to create an arrangement that promotes stability, safety, and the child’s ongoing connection with both parents whenever possible.
Why Legal Representation Makes a Difference
Although parents may try to work out arrangements on their own, custody disputes can become highly contentious. Without legal guidance, unmarried parents may overlook their rights or enter into agreements that do not reflect their child’s best interests.
Our skilled Los Angeles Certified Family Law Specialist can explain the process, help establish paternity, and advocate for fair custody and visitation terms. Having knowledgeable representation ensures your voice is heard in court and that the final orders support both your role as a parent and your child’s needs.
Contact Fernandez Law Group today at (310)-622-9434 or online to learn more.