Unmarried parents have rights similar to married parents in custody disputes, but the process can differ. It is important to understand how these legal differences impact the steps parents must take to secure custody and visitation rights.
Establishing parentage
An unmarried father must establish paternity to gain legal rights to custody or visitation. This may be done voluntarily by signing a Declaration of Paternity. A second option is to use a court-ordered paternity test. Establishing parentage gives the father the same legal rights as a married father. This is crucial for pursuing custody or visitation. Failure to establish paternity can leave the father without legal standing in custody disputes.
Legal and physical custody
Once the court establishes paternity, both parents can seek legal or physical custody. Legal custody grants decision-making rights regarding the child’s health, education, and general welfare, while physical custody determines where the child resides.
Under California Family Code Section 3011, courts make custody decisions based on the best interest of the child, considering factors like the parents’ ability to care for the child and the child’s emotional needs. Judges may also consider the level of involvement each parent has had in the child’s life.
Visitation rights
Unmarried parents have the right to request visitation, but it must align with the child’s best interests. Courts may grant visitation unless it would harm the child. In cases involving safety concerns, courts may require supervised visitation to ensure the child’s well-being while still allowing the parent-child relationship to continue. The court may modify visitation orders if circumstances change significantly. This ensures that the child’s needs are consistently met.
Navigating custody
Custody disputes require careful attention to the unique legal steps unmarried parents must follow. Proactively understanding these steps strengthens a parent’s ability to remain involved in their child’s life. Staying focused on the process can lead to better outcomes for both parents and children.