What are the rights of mother and father in California, if you are not married?

Nowadays, many couples have children, if they are not married. Problems may arise in relation to child custody, visiting and support for children, if these couples break relations.

In an ideal world, the mother and father are friendly to the situation and deal with the fact that the interests of the child or children. However, much safer and it is strongly recommended to obtain a court order for custody, visits and support to the mother and father knew all their rights and obligations, and to avoid any ambiguity in relation to the same.

In this article, the problem of children will be reviewed that are born from the marriage of both the mother and from the father to give you a general understanding of the law of California against children born out of wedlock.

mother's perspective

mother of the child born out of wedlock, has a unique advantage in that it is usually not necessary to prove that her child. If the hospital records indicate that the woman has given birth to the child and child's birth certificate, which is issued after the baby is born shows that a woman gave birth to a child than usual with her mother do not have problems, which indicate that it is the mother's father.

mother of the child born out of wedlock, automatically qualify for full custody of the child, the absence of a court order indicating more.

It can send the father visits when she chooses, or she may refuse to visit his father unanswered Court.

All minor children in California are eligible for child support in accordance with the law. (Theme support for children will be described in the following in a separate article). If the mother of a child born outside of marriage, wants to get child support for her father, she will need to apply and an application to establish paternity of the father, and indicate the reason for the order maintenance in the appropriate court. .

If the mother is on welfare or environment aid seven & # 39; pits with children dependent children, the district attorney in the county, which is home to the mother, usually helps in this process, the district to be compensated for the assistance provided by the mother of the district.

When the father takes paternity voluntarily, the court decides the right of each party to the custody, visiting and child support on the basis of the facts. When the father denies that he & # 39; is the father, he may request a DNA test to determine a & # 39 he is a father. After completing this process, the court shall determine the rights of each party.

If the mother is not sure who the real father of the child, she would have to file a petition to establish paternity for every potential father.

The Court, as a rule, allow the right to visit his father or custody of the child, unless it is stated that the parents do not have such interests.

perspective parents

father of the child born out of wedlock does not have rights to custody, visiting and maintenance of children, unless they get a court order about it.

If the father wants to have the right to custody, visitation or child support for a child born out of wedlock, he must file a petition to establish paternity and order on recognition of the right to custody, visiting and / or support.

The child's mother may or not agree that the father & # 39 is the real father of the child. Either party may request to do a DNA test to prove the child's father's father or not.

After the court determine paternity, the Court will examine a number of factors relating to the rights to custody, visiting and supporting.

The Court, as a rule, allow the right to visit his father or custody of the child, unless it is stated that the parents do not have such interests.

The prospect of the mother and father as a whole

The court will always try to determine that & # 39 is the most interesting for the children, if we define who will have the right to custody and visitation rights of the child or children. This can be a lengthy and costly process, if the trial. It is recommended that the mother and father tried informally to develop a plan for custody and visitation of the child or children, and then get a court order showing the consent of the mother and father.

If you can not figure out informally, the court decides the question.

Support the child or children will be determined by the Court using the statutory formula based on the income of both parties, the percentage of time that each person has a child or children, and other factors.

Always recommended to keep a lawyer in such cases. Only a fool is yourself or the client themselves.

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

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