Mothers Rights – Unwed Mothers California
Parents’ custody rights vary from state to state. Twenty-odd years ago, California courts curried favor for the mothers when assigning custody, but nowadays California courts concentrate on the health, safety, and well-being of the child or children.
Judges base custody judgments on what is in the most beneficial interests of the child, and not either one parent is favored based upon gender.
Courts look carefully at which parent was the principal caregiver, assessing who got the children to school and doctor’s visits, picked them up from school, assisted with homework and prepared for daily routines.
Unwed Mothers Rights to Custody
Under California Family Code Section 7610, an unmarried mother automatically gains custody of her child upon birth. No legal proceeding is required to claim her custodial legal rights. She is primarily responsible for providing for her child and deciding regarding his living arrangements, health care, and education.
Barring any court order, the mother determines what, if any contact, the father gets with the child. However, until paternity is established, the mother has no right to child support from the father in this situation.
When unwed parents in California split up, they may experience special difficulties regarding custody and visitation rights.
Compared to their married equivalents, unwed fathers are not by default assumed to be the biological fathers of their children, even if they may well be specified as “Paternal Father” on the child’s birth certificate but California Courts have decided that in itself does NOT acknowledge parentage. Furthermore, with the unwed father not being assumed to be the Paternal Father, this prevents a mother from recouping child support from the father and a father from being granted child custody or visitation.
Establishing Parentage (Or Paternity)
The term “parentage” (also referred to as “paternity”) pertains to the lawful acknowledgment of a person as a child’s birth father. When a couple is married and a child is born, the law assumes that the man is the biological father and the wife is the biological mother.
When that married couple divorces, generally there is no need to establish paternity. When father and mothers are unmarried, on the other hand, no such assumption exists. Parentage is determined only when a person willingly signs a declaration declaring he or she is a biological parent or if the court makes the determination as a component of a parentage case.
Once parentage is determined under California law, parents assume the full legal rights and responsibilities concerning their children. That says, a parent may want custody or visitation but he or she is also liable for financially supporting his or her child. In the absence of a parentage declaration, unmarried parents encounter the difficulties.
Consider the California Courts Information for Additional Rights:
What It Means to Establish Parentage
Court Defined Custody and Visitation Rights
Mothers and fathers’ legal rights to love, rear, and teach their children are protected by the Constitution. A judge must presume that a mother or father will act in a child’s best interests except if evidence reveals otherwise. A parent’s visiting rights can only be restricted if there’s evidence that the parent is not satisfying the child’s essential needs.
In cases where parents separate, a court will develop a visitation or custody directive. Parents can achieve their own visitation agreements or leave these arrangements up to a court.
A visitation order will define which parent gets physical custody (who the sons or daughters are going to reside with), which parent has legal custody (decision-making authority on the child’s behalf), or if custody is shared. Whether you like the terms of the court’s order or not, it’s binding. Remember, there can be severe repercussions if you disobey its conditions of a child custody or visitation order.
Divorced Non-Custodial Mothers Rights
Quitting a spousal relationship can be complicated, and more so when children are affected. You no longer have uninterrupted availability to your children and will need to comply with the rules set by a visitation order. If your child’s other parent is uncooperative or hostile, the circumstances can be incredibly aggravating.
Petition the Court when Necessary
An unquestionable visitation order can, in most cases, help parents steer clear of undesirable disagreements. But in some cases, one parent may decide to disregard a custody order or stop the other parent’s visitations. While you’re obliged to comply with the terms of a visitation order, you always have the option to ask a court to enforce the order when your ex-spouse isn’t complying with it or not allowing your child visitation with you.
Next, we will take a look at Custodial Parents Rights
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