How To Get Full Custody In California

Child Custody of Unmarried Parents: California Family Law

Los Angeles child support laws apply differently to unmarried and married parents. However, unmarried parents are also granted many of the same legal rights as married parents.

Generally, the mother and father are treated separately in the family court. Ultimately, the court has to establish the best custody arrangement that will benefit the child, whether it involves one or both parents.

What is Child Custody?

Child custody is a legal terminology referring to the rights of legal parents or guardians to have custody over the child. It entails the responsibility of bringing up the child in the best environment possible.

In simpler translation, it is most commonly referred to as custodial or legal responsibility for the child.

Legal responsibility for children encompasses the living arrangements, medical and educational decision making, health and safety matters, and protection from any form of abuse and exploitation.

The custody process involves the child's physical and legal bond with the parent and the maintenance of those bonds. However, the goal of granting custody is to determine the environment ideal for the child's future.

Child Custody Rights For Unmarried Parents

Mother

According to family law, the mother automatically gains custody of the child if she is unwed to the father. There is no need for unwed mothers to take legal actions to fight for the child's custodial rights, even the decision to determine the father's role in their child's life. The unwed mother will have full responsibility for the child's holistic wellbeing, including living arrangements, education, health care, etc.

However, the unwed mother has to be perfectly fit in the eyes of the court to be granted full custody.

Father

The priority of the father— who is not married to the mother is to prove legal paternity. Without establishing being the child's legal father, he won't have legal rights to make arrangements with the mother regarding child custody.

Once paternity is established, the father shall earn the right to make legal arrangements with the mother regarding major decisions on the child's wellbeing, especially when it comes to relocation. The father can also acquire legal rights to provide child support, request a visitation schedule, and other arrangements agreed between both parties and with the court's approval.

Court Process

If unmarried parents decide to file a petition for child custody, the court will schedule a hearing for the case. The court will weigh the appeal of both parties before concluding. Child Custody of Unmarried Parents

The court-appointed legal representative will review the case and help determine if only one or both parents are more likely to be an effective custodial parent/s.

The court has to ensure the child's welfare, notwithstanding the fact that mothers are expected to get automatic full custody. The court is entitled to authenticate if the mother has the capacity to take care of the child under legal requirements and perform parental responsibilities when given the custody.

Other Considerations

The court can also consider what a reasonable parent would do to handle a child custody dispute and determine which parent the child will be happiest with. The courts can award sole custody to one parent or award joint custody to both parents.

The court can also award temporary custody of a child if necessary during the custody and dispute process. As a general rule, the court will not award temporary custody unless it is likely the parent will have the child's best interests at heart.

The Different Types of Child Custody Arrangements For Unmarried Parents

If you're battling over child custody, it is essential to note that it involves complex issues, which can be long and challenging to win. In most cases, the first step in establishing custody rights is to seek and present evidence that supports your cause.

Sole Custody

If an unmarried parent seeks sole custody, you will need to prove that the other parent is unfit or will not consider the child's best interest, and cannot provide adequate sheltering, medical, and educational resources.

It was stated above that the mother is granted full custody over the child. However, if the father can prove that she is legally unfit, the father gets the chance to win sole custody.

Joint Custody

If both parents seek joint custody, you will have to agree that you can offer support and discuss the terms of physical and legal custody responsibilities.

If you are awarded joint custody, both parents must abide by the custody agreement you have reached with the court.

Legal Custody

Both parents can get legal custody over the child if they come to terms. That is if the mother who is granted full custody is willing to involve the father with established legal paternity. This mainly concerns making vital decisions on all aspects of the child's life.

Physical Custody

When it comes to physical custody, the court's legal system looks at several factors and issues. This includes determining if the child has a substantial connection with the parents and considering the parent's commitment to the child. In most cases, the courts will award joint legal custody to both parents, meaning they jointly decide about the child's daycare and have the same rights and responsibilities. Still, the courts will also consider what the parents have accomplished while together.

Child Support

Both parents, married or unmarried, are responsible for providing child support. Not unless either of the parents is bound by law not to perform any parental role to the child.

The amount of child support depends on the financial capacity of the parent. Both parties can create a legal agreement regarding the contribution, or the court can order the final percentage or amount of child support to be provided by both parents.

Even if one of the parents is unable to win custody, they may still have to provide child support.

Consult with a Family Law Attorney!

If parents who are not married decide to separate, they should consult an experienced family lawyer, preferably one who practices child custody. You may need answers to questions that require legal advice. Lawyers can help you decide what type of custody agreement is the right course of action for your situation.