What Are A mother And Father's ownership In California, When You Are Not Married?

Attorney General Child Support Interactive - What Are A mother And Father's ownership In California, When You Are Not Married?

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In modern times many couples have children when they are not married. Problems can arise with respect to Child Custody, Visitation, and Child maintain when these couples break off the relationship.

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Attorney General Child Support Interactive

In a perfect world the mum and the father are amicable in such a situation, and do what is in the child or children's best interest. However, it is much safer, and extremely recommended, that you secure Court orders with respect to custody, visitation, and maintain issues, so that the mum and father each know their respective proprietary and obligations, and so that there are no ambiguities regarding the same.

This narrative will discuss the issue of children who are born out of wedlock from both the mum and the father's prospective to give you a general understanding of the law in California regarding children born out of wedlock.

The Mother's Prospective

The mum of a child that is born out of wedlock has a unique advantage in that she does not regularly have to prove that the child is hers. If hospital records indicate that a female has given birth to a child, and the birth certificate that is issued upon the birth of a child indicates that the female gave birth to the child, than there is regularly no issue with the mum showing that she is the paternal mother.

The mum of a child born out of wedlock will automatically be entitled to full custody of a child absent a Court order indicating otherwise.

She may give the father visitation if she so chooses, or she can deny visitation to the father absent a Court order.

All minor children in California have a right to receive child maintain pursuant to a statutory guideline. (The subject of Child maintain will be covered in a forthcoming isolate article). If the mum of a child who is born out of wedlock wants to secure child maintain from the father, she will have to file and serve a petition to create Parentage on the father, and an Order to Show Cause for child maintain with the proper Court.

If the mum is on welfare or Aid to Families with Dependent Children, the District Attorney in the county in which the mum resides will ordinarily aid in this process so that the County gets reimbursed for the aid that is being provided to the mum by the County.

If a father voluntarily accepts paternity, than the Court will settle each party's proprietary to custody, visitation, and child maintain based upon the facts in the case. If the father denies that he is the father, he may invite that a Dna test be done to settle whether he is the father. Once this process is completed than the Court will settle each party's rights.

If a mum is not sure who the real father of a child is, she will have to file a petition to create Parentage on each possible father.

The Court will ordinarily allow the father visitation or custody proprietary to the child unless it can be shown that it is not in the best interest of the child for the father to have such rights.

The Father's Prospective

The father of a child born out of wedlock has no proprietary to Custody, Visitation, or Child maintain unless they secure a Court order for the same.

If a father wants to have proprietary to custody, visitation, or child maintain for a child born out of wedlock, the will have to file a petition to create Parentage, and an Order to Show Cause for Custody, Visitation, and/or Support.

The mum of the child may or may not agree that the father is the true father of the child. whether party may invite that a Dna test be done to prove whether or not the father is the paternal father of a child.

Once the Court determines paternity, the Court will than look at many factors with respect to proprietary to Custody, Visitation, and Support.

The Court will ordinarily allow the father visitation or custody proprietary to the child unless it can be shown that it is not in the best interest of the child for the father to have such rights.

The mum and Father's Prospective as a Whole

The Court will all the time try to settle what is in the children's best interest when determining who will have Custody and Visitation proprietary to a child or children. This can be a long and expensive process if litigated. It is recommended that a mum and Father try to informally work out a Custody and Visitation plan for a child or children, and then get a Court Order which reflects the deal of the mum and father.

If you cannot informally work it out than the Court will settle the issue for you.

Support of the child or children will be considered by the Court using a statutory formula which is based on both parties income, the ration of time each man has with the child or children, and other factors.

It is all the time recommended that you maintain a lawyer in these types of cases. Only a fool has herself or himself for a client.

You can check out our family law website at http://www.divorce-legal.net for more general family law information.

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