Puja Sachdev | December 20, 2024 | Child Custody
Custody of a child refers to a person’s right to make decisions for a child (i.e., legal custody) and decide where the child lives (i.e., physical custody). A mother typically has custody of the child after giving birth unless a court intervenes and modifies custody. However, a father does not automatically have custody of their child except in specific situations. Unmarred parents may need to go to court to establish paternity under California custody laws and a child custody attorney in San Diego can guide you.
Does a Biological Father Need to Establish Paternity When the Parents are Unmarried?
There are four ways parents establish paternity in California:
- Presumption of paternity: California custody laws presume a man married to a woman at the time a child is born is the child’s legal father. A man who marries a child’s mother can also be presumed to be the child’s legal father. He must have his name added to the birth certificate and agree to financially support the child.
- Parentage by estoppel: The court may recognize a person as a child’s parent under the theory of parentage by estoppel. The person must have always treated the child as their child. A person does not need to be a child’s biological parent to establish parentage by estoppel.
- Voluntary Declaration of Paternity: A man and woman can agree to paternity by signing a Voluntary Declaration of Paternity (VDOP). Generally, parents sign a VDOP at the hospital when the child is born. However, unmarried couples can complete the form later. The couple must sign the VDOP before a government official at a local child support agency, the Registrar of births, a family law facilitator at the court, or a local welfare office. Otherwise, the VDOP must be signed in the presence of a notary.
- Paternity Lawsuit: If a couple is unmarried and the woman or man will not sign a Voluntary Declaration of Paternity, a court action is required to establish paternity. The mother or a man can file a Petition to Determine a Parental Relationship. Generally, the court orders the couple and the child to undergo genetic testing. Then, the court issues an order naming the legal parents of the child.
In conclusion, while a biological father may not always need to establish paternity in California if certain conditions are met, there are clear legal paths to do so if necessary.
Can an Unmarried Father Receive Custody of a Child?
An unmarried parent can receive custody of a child after the parent establishes paternity. There is a presumption that children benefit from joint custody unless there is evidence that joint custody would be harmful to the child.
Parents are encouraged to develop a parenting plan and time-sharing arrangement that benefits their children. When parents dispute custody, the judge bases custody decisions on the child’s best interests. Judges consider numerous factors when deciding custody, including:
- The child’s health and age
- Any regular and ongoing substance abuse by either parent
- The emotional ties between the child and each parent
- A history of family violence or abuse
- The ability of each parent to care for the child’s needs
- The child’s ties to their community, home, and school
A judge may consider other factors when determining custody matters. Mothers and fathers enter a custody case on equal terms. A parent contesting custody has the burden of proving the other parent is unfit to have custody.
Can Unmarried Parents Have Sole Custody?
Unmarried parents can obtain sole custody if they can prove joint custody is not in the best interests of the child. Sole legal and physical custody gives the custodial parent the right to make decisions for their child and decide where the child lives without input from the other parent.
Ways to prove a parent is unfit to have custody include, but are not limited to:
- The parent has a history of domestic violence
- There is evidence of a parent abusing drugs and/or alcohol
- The parent has a history of violent crimes
- There is evidence of child abuse, neglect, or abandonment
As with all other custody issues, the court makes the decision for sole custody based on the child’s best interest. Sole custody does not mean the other parent cannot see the child. The court grants visitation with the non-custodial parent based on the child’s interests.
Contact Our Family Law Firm in San Diego, CA. Call us at (619) 866-3756
Contact our law firm at San Diego Divorce Lawyers, APC, for assistance with your California custody case. Our experienced San Diego child custody attorneys are here to guide you through paternity issues and all aspects of custody matters, ensuring the best outcome for you and your family. We offer a free consultation, so you have nothing to lose by getting in touch. Contact us at (619) 866-3756 to schedule a free consultation.
We proudly serve throughout San Diego County. We are located in San Diego, California.
San Diego Divorce Lawyers, APC
2851 Camino del Rio S #430
San Diego, CA 92108
(619) 866-3756
