UNMARRIED PARENTS AND CUSTODY RIGHTS IN CALIFORNIA

Undergoing a separation from the father of your child is hard enough. If you’re not married, though, child custody matters have an extra layer of complexity.

The question is, what are unmarried mothers’ rights in California? Does the father have any say, according to child custody laws in California? Here’s an in-depth overview of custody rights and rules for unmarried parents in California.

Is California Considered a “Mothers’ Rights State”?

Decades ago, women in California and other states predominantly served as their families’ primary caretakers and therefore typically received custody of their children. However, today, most states’ custody laws generally don’t favor either parent, so there is no such thing as a “mother state” or a “father state.”

That said, California laws for unmarried parents in particular do favor maternal custody rights. Based on California Family Code 7610, the unmarried mother is the parent who automatically gains full custody of their children upon birth. No legal action is necessary to assert their custodial rights. This means that their children can live with them (physical custody), and they maintain sole responsibility for meeting their needs. These mothers can also make all decisions concerning education, living arrangements, and healthcare (legal custody).

The reason for this is that if you give birth, paternity must legally be established before the child is considered to have a father in the eyes of the law. Until established in court, the father has no custody rights or responsibilities to the child. As a result, you cannot demand any child support, and likewise, the father cannot demand visitation or custody. This is true even if the father has his name on your baby’s birth certificate.

FULL CUSTODY RIGHTS IN CALIFORNIA FOR UNWED MOTHERS

In California, immediate custody rights and responsibilities for one unmarried parent—the mother—are numerous and include the following according to current laws:

• Right to determine where a child will live
• Right to choose a pediatrician
• Right to have the child see a doctor or go to the hospital
• Right to decide who will watch the child
• Right to have the child enrolled in school or daycare
• Right to get public benefits to cover the child’s needs

Based on unmarried mothers’ rights, you can allow your child to see or live with their father. Likewise, you may grant the father decision-making power if you wish. But you are ultimately responsible for the well-being of the child. As soon as the father establishes paternity, though, he will legally be allowed to make decisions on behalf of your child, too.

Let’s say that the father has established paternity and thus can be granted custody or visitation. In this situation, you may not want him to have either for specific reasons, in which case you could seek sole custody. 

 

Sole custody is where you would have your child 24/7 and his or her father would not be permitted to visit with the child (this is different from full custody, where you would have your baby 24/7 and their father could have visitation).

 

Here are some situations regarding unmarried parents and custody rights that commonly lead to favorable decisions for mothers’ rights:

The father…

• has engaged in domestic violence.
• has made phony abuse allegations against you.
• emotionally abuses your child.
• is a flight risk because of the allegations you plan to make against him.
• has physically abused your child.
• has a problem with substance abuse.
• does not possess the necessary skills for caring for your child.

ESTABLISHING PATERNITY AND ITS IMPACT ON CUSTODY RIGHTS

 

Custody disputes between unmarried parents can be complicated issues. Fathers who wish to obtain rights can voluntarily file for a Declaration of Paternity. If the form is agreeable and signed by both parents, a court order will be issued. Sometimes, a DNA test becomes necessary if there’s a need for proof of paternity. 

 

Once the father gains the right to seek visitation or custody, he can make important decisions about the child’s education and healthcare. Financial responsibilities follow, too, including child support and healthcare costs. In some cases, custody arrangements may shift from sole custody held by the mother to joint custody.  

 

The court’s primary concern remains the child’s best interests. Legal recognition of paternity provides emotional benefits for the child, such as a sense of identity and family connection. It also guarantees financial support and access to inheritance rights and benefits like health insurance from the father.

SEEK GUIDANCE ON MATERNAL CUSTODY RIGHTS FROM FAMILY LAW ATTORNEY MICHAEL C. MACNEIL  

If you are trying to navigate unmarried mothers’ rights in California, I, attorney Michael C. MacNeil, can help. I am passionate about helping my clients navigate separation and other family law matters ranging from child custody to restraining orders and step-parent adoption.

As a San Diego family and divorce lawyer, I am here to serve as your legal representative. Contact me concerning custody issues, child support, or even if you need a domestic violence lawyer. Schedule a family law consultation today.

 

 

Common FAQs About Unmarried Parents and Custody

Can an unwed mother move out of state?

When evaluating move-away rights in California, if you and the father agree and are willing to adjust the terms of your custody arrangement, pack up and go. However, if this is not the case, you must obtain court approval, whether outside or inside the state. “Moving away” is generally considered a relocation of at least 50 miles from your current residence.

 

Do I have maternal Custody rights if there is no court order in California?

What is the best way to retain mothers’ rights? 

What are the grounds for sole custody?

Custody rights and limitations for unmarried parents evolve due to domestic violence, substance abuse, or inability to care for the child. These directly affect the mental and physical well-being of all parties involved. Be proactive and seek legal counsel immediately if you are in danger. 

What happens to custody arrangements if paternity is established later?

The court may change custody arrangements to include the father’s rights, possibly moving to joint custody. Exclusive mother’s rights will no longer apply.