The Rights of Unmarried Parents in California

Fri 17th Jan, 2025 Blogs

Parental rights for married parents are fairly straightforward — both parents share physical and legal custody of their children and enjoy all of the rights and obligations thereof (absent evidence that such an arrangement is not in the best interest of the children). But what about parental rights for unmarried parents? While the rate of children born to unmarried parents in California is on the low side nationally — 38.8%, according to the Centers for Disease Control and Prevention — it is not insignificant. If you’d like to establish paternity for your child, our Stockton parental rights lawyers can help you.

Rights of Unmarried Mothers

When a child is born to an unmarried mother in California, the mother is automatically granted full legal and physical custody of the child. She thus has the right to make all decisions regarding the child, including the child’s healthcare, education, and religion, and can relocate with the child as she pleases. Unlike unmarried fathers, unmarried mothers do not have to take any legal action to establish parental rights.

Rights of Unmarried Fathers

Unmarried fathers do not have automatic legal rights to their children, meaning they cannot make any decisions related to the child’s healthcare, education, or religion, or where the child lives. Even if the unmarried man is the child’s biological father, he may not take the child away from the mother.

Methods of Establishing Paternity

The only way an unmarried father can obtain parental rights is to establish paternity. There are two primary ways of doing so:

Voluntary Declaration of Parentage

A voluntary declaration of parentage (VDOP) legally establishes the father of the child as the child’s natural parent if the parents are not married when the child is born. It is signed by both parents and has the same effect as a court order establishing paternity. While a VDOP allows the father to seek a court order for child custody and visitation, it also requires him to waive certain rights, including:

Right to a trial to determine paternity
Right to notice of a hearing on the issue of paternity
Right to present and cross-examine witnesses
Right to have an attorney represent him

The parents may sign a VDOP at any time after the child is born, although it is not uncommon to sign it at the hospital when the child is born.

Court Order

If signing a VDOP is not an option or there is uncertainty or a dispute as to who the child’s biological father is, either parent may petition a family law court for an order to establish paternity. In these cases, the court can order a genetic test to confirm the father’s status as the child’s biological parent. If the genetic test shows at least a 99% probability of parentage, the court will issue the order.

Let Our Stockton Parental Rights Lawyers Help You Fight for Your Rights

If you are seeking to establish parent rights, you should consider speaking to an attorney who has experience in such matters. For more information, please contact a Stockton parental rights lawyer at McKinley, Conger, Jolley & Galarneau by using our online form or calling us at 209-477-8171.

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