PUJA SACHDEV | July 11, 2024 | Child Custody
California Family Code §3010 states that a mother and father are equally entitled to the custody of their children. However, the issue is a lot more complicated than that. There may be situations where a mother can legally keep their child away from their father in California.
Many factors can impact whether this is true in your case, including the unique facts and circumstances about your situation.
Unmarried Fathers Do Not Automatically Have Custody Rights
If a couple is married, the man is presumed to be the legal father of children born during the marriage. However, that is not the case if a couple is not married.
An unmarried woman does not need to establish they are the legal parent of the child. Upon the birth of a child, an unmarried woman is granted legal and physical custody of the child. She can make all decisions for her child without consulting anyone, including the alleged father.
Unmarried fathers have no rights to their children until they establish paternity. Establishing legal paternity is the only way an unmarried father can obtain parental rights. Until that time, a mother can deny visitation rights to the father. The mother could move away without the father’s consent.
How Can a Father Establish Paternity in California?
Unmarried fathers can establish paternity in two ways:
Voluntary Declaration of Parentage
A Voluntary Declaration of Parentage (VDOP) is a form that both parents sign to declare that a man is the father of a child. It is the most straightforward way to establish paternity for an unmarried father.
The couple can sign the form at the hospital when the child is born. If so, the man’s name can be listed on the birth certificate as the father, which grants him parental rights.
If the parents do not sign the form at the hospital when the child is born, it can be signed later. However, it must be signed, notarized, and filed with the California Department of Child Support Services. At that time, the man is recognized as the child’s legal father.
Paternity Action
An unmarried man can file a paternity action in court to establish his legal rights as a child’s father. It is a legal action to determine whether the man is the child’s biological father. He files a petition with the court and sends the papers to the child’s mother.
A mother can consent to paternity. If so, there is no need for genetic testing. However, if the mother disputes paternity, the man can request a court order for genetic testing. If the genetic test results confirm the man is the biological father, the court issues an order granting the man parental rights.
The father can then ask for child custody and visitation. If the parents cannot agree upon custody terms, the judge decides child custody based on the best interests of the child.
Cases Involving Abuse, Neglect, or Parental Fitness
A mother might try to keep a child away from the child’s father if the mother believes the child could be harmed. This situation may arise when the mother alleges the father is abusive or unfit. While the mother is doing what she feels she needs to do to protect the child, only a court can modify a father’s parental rights.
Therefore, if you suspect that your child is in danger from their father, you need to contact a child custody lawyer immediately. An attorney can help you file an emergency petition with the court seeking temporary custody of your child. A full hearing will determine whether to grant sole custody to the mother.
A judge may order supervised visitation if there is a serious concern for the child’s safety and well-being if they are left unsupervised in the father’s care. In severe cases, a court can deny visitation with a parent.
Seek Legal Advice About Parental Rights
The best way to protect your parental rights is with the help of an experienced child custody attorney. An attorney can help you with matters related to paternity, custody, visitation, and child support. The sooner you seek legal advice, the better for you and your child.
Contact Our Family Law Firm in San Diego, CA
Contact our child custody attorneys in San Diego at San Diego Divorce Lawyers, APC, for legal help. Call us today at (619) 866-3756 for a free consultation.
San Diego Divorce Lawyers, APC
2851 Camino del Rio S #430
San Diego, CA 92108