In modern times, many couples have children when they are not married. Problems with child custody, visitation, and child support can arise when these couples break up.
In a perfect world, mother and father are friendly in such a situation and do what is best for the child or children. However, it is much safer and highly recommended that you obtain court orders regarding custody, visitation and support matters, so that the mother and father are aware of their respective rights and obligations, and so that there are no ambiguities regarding The same.
This article will discuss the topic of children born out of wedlock to both the mother and the future father to give you a general understanding of the law in California regarding children born out of wedlock.
The mother’s perspective
The mother of a child born out of wedlock has the unique advantage that she does not normally have to prove that the child is hers. If hospital records indicate that a woman has given birth to a child, and the birth certificate that is issued at the birth of a child indicates that the woman gave birth to the child, there is usually no problem with the mother proving that she is pregnant. the paternal mother.
The mother of a child born out of wedlock will automatically have the right to full custody of a child in the absence of a court order stating otherwise.
You can grant visitation to the father if you wish, or you can deny visitation to the father without a court order.
All minor children in California are entitled to receive child support in accordance with legal guidelines. (The subject of child support will be covered in a separate article below.) If the mother of a child born out of wedlock wishes to obtain child support from the father, she will need to file and serve a Petition to Establish Paternity of the Father and an Order to Prove Cause of Child Support in the appropriate court. . .
If the mother receives welfare or assistance for families with dependent children, the district attorney in the county in which the mother resides will normally assist in this process so that the county receives reimbursement for the assistance the county is providing to the mother. . .
If a father voluntarily accepts paternity, the court will decide each party’s rights to custody, visitation, and child support based on the facts of the case. If the father denies being the father, he can request that a DNA test be performed to determine if he is the father. Once this process is complete, the Court will determine the rights of each party.
If a mother is not sure who the actual father of a child is, she will need to file a Petition to establish paternity for each potential father.
Generally, the court will allow the parent to have visitation or custody rights of the child unless it can be shown that it is not in the best interest of the child for the parent to have such rights.
The father’s perspective
The father of a child born out of wedlock has no right to custody, visitation, or child support unless he obtains a court order for it.
If a parent wants custody, visitation, or child support rights for a child born out of wedlock, they will need to file a Petition to Establish Paternity and an Order to Show Cause of Custody, Visitation, and / or Support.
The child’s mother may or may not agree that the father is the child’s true father. Either party can request that a DNA test be performed to show whether the father is the paternal father of a child.
Once the court determines paternity, the court will consider many factors regarding custody, visitation, and support rights.
Generally, the court will allow the parent to have visitation or custody rights of the child unless it can be shown that it is not in the best interest of the child for the parent to have such rights.
The perspective of the mother and father as a whole
The Court will always attempt to determine what is best for children when determining who will have custody and visitation rights for a child or children. This can be a long and expensive process if litigated. It is recommended that a mother and father try to informally develop a custody and visitation plan for a child or children, and then obtain a court order that reflects the agreement of the mother and father.
If you cannot resolve it informally, the Court will decide the matter for you.
The court will determine support for the child or children using a legal formula that is based on the income of both parties, the percentage of time each person has with the child or children, and other factors.
It is always recommended that you hire an attorney in these types of cases. Only a fool has himself as a customer.
You can refer to our family law website at http://www.divorce-legal.net for more general information on family law.
© 2007