What Are My Rights As An Unmarried Parent?
In the State of California, the law provides that a parent, whether married or unmarried, shall have frequent and continuing contact with his or her child or children. A court may make a determination of custody and visitation in divorce, legal separation or nullity, paternity cases, and those involving domestic violence.
A parent, whether married or unmarried, also has the responsibility to support his or her children. The payment of child support however, is not a condition precedent to enjoying parenting time with your child or children.
How Is Parentage Determined?
Parentage is determined by either parent, mother or father, filing with the Court a Petition to Establish a Parental Relationship. If there is a question of whether or not true parentage exists between a father and a child, blood tests will be taken of the mother, child and alleged father. Blood tests are usually sufficient to determine whether or not there is a parent-child relationship; however, if it is unclear, there are more sophisticated testing that can be done. Prior to parentage even being determined, the Court may make orders as to custody, visitation and child support. Parents who marry after a child is born can have parentage determined in dissolution proceedings.
To learn more about paternity in California please contact the family law lawyers at Bartholomew & Wasznicky LLP.
* The State Bar of California Board of Legal Specialization
