Parental Rights: Why Unmarried Fathers Should Establish Paternity
In California, establishing paternity is a necessary and important step for unmarried fathers seeking to secure their parental rights and responsibilities. Unlike married fathers who automatically have legal ties to their children, unmarried fathers must take proactive measures to be recognized as such. This legal recognition unlocks a range of benefits for both the father and the child.
One of the most significant advantages of establishing paternity is the chance to exercise your parental rights. This includes the right to petition the court for custody or visitation schedules. Without established paternity, the mother holds sole legal custody by default, potentially limiting the father's involvement in his child's life.
Gaining Custody Does Mean Accepting Child Support Obligations
It is important to note that establishing custody orders does affect an unmarried father’s child support obligations. Custody arrangements determine the level of financial responsibility, and California uses a formula to determine child support, which considers both parents' incomes and the amount of time each spends with the child (visitation).
The parent with primary physical custody, typically the one the child lives with the majority of the time, is generally the recipient of child support payments. In cases with truly shared custody, where the child spends roughly equal time with each parent, there may be no child support obligation at all. This is because each parent is presumed to be financially providing for the child during their parenting time.
Understanding the interplay between custody arrangements and child support calculations can be complex. Unmarried fathers seeking to establish custody or modify existing orders should consult with an experienced family law attorney.
A Note on Unmarried Fathers’ Rights in Cases of Same-Sex Parentage
In California, married same-sex couples enjoy the same parental presumptions as heterosexual married couples. This means that when a child is born to a married same-sex couple, both spouses are automatically considered legal parents regardless of biological connection.
For unmarried same-sex fathers, the situation differs. The biological father is typically considered the legal parent by default. However, if adoption has occurred, the adoptive father also has legal parental rights.
If only one parent legally adopted the child or is the biological parent of the child, the other party would need to file a petition to establish legal parental rights. You should consult with an attorney, as they can offer you case-specific counsel.
How Unmarried Fathers Can Establish Legal Paternity
To establish legal paternity, you can do the following:
- Voluntary Acknowledgement of Paternity: This is the most straightforward approach, where both parents sign a document acknowledging the father's paternity. This can be done at the hospital during childbirth or at a later date with the appropriate state agency.
- Paternity Action: If there is disagreement about paternity, a paternity lawsuit (also called a parentage action) can be filed in court. This process typically involves DNA testing to determine the biological father.
Contact Our Attorney for Counsel
Attorney Amy Neshanian has over 20 years of experience helping clients in a wide variety of family law cases, including paternity matters. Should you wish to establish parentage, you can trust our firm.
We can handle the following types of paternity cases:
- Defending against allegations of parentage
- Disputing or rescinding voluntary acknowledgment of paternity
- Judicial determinations of parentage
- Obtaining legal rulings for child custody, support, and visitation
- Requesting that a non-biological parent be assigned parentage in the best interest of the child
Learn how our team can help with your paternity case by calling (949) 577-7935.