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Unmarried Parents And Child Custody: Who Gets The Kids After A Non-Marital Split?

At the Land Legal Group, our Los Angeles, California family law attorney fully understands the complex landscape of unmarried parents enduring a separation or relationship-ending split when they share children.

With long-term declines in the marriage rate, and increases in births outside of marriage, there has been a substantial uptick in U.S. children living with cohabiting parents. In fact, the Pew Research Group reports that 35% of all unmarried parents are living with a partner instead of a spouse.

So, what does this mean for our Los Angeles County unwed parents and their children when a break up occurs? The answer is not a simple one, as each relationship differs greatly, and so will the legal outcomes, but we are here to help provide the confidence you need to provide the best outcome available for your unique circumstances.

Unmarried Parents And The Importance of Establishing Parentage

When opposite-sex parents are not married, the father’s biological parentage is not automatically presumed as it is for married parents — even when he is listed on the birth certificate.

That single detail can prevent the child’s mother from recovering child support while keeping the father from obtaining child custody or visitation rights.

When married couples have children together, the law presumes the wife and husband as biological parents. Should they divorce, there is usually no need to establish parentage.

When unwed couples have a child and dissolve their relationship, parentage will need to be established, even if it is through a legal document that is voluntarily signed stating the s/he is the biological parent. And even then, the court will make the final determination as part of a parentage case.

No matter which parent you are, our parentage lawyer can help those in need assume the full rights and responsibilities involving their children.

Those legal rights and privileges can be obtained through the California Family Court and include:

  • Having the names of both parents on the child’s birth certificate
  • Legal documentation identifying both parents
  • Access to both parents’ family medical records and history
  • Financial support from both parents
  • Health insurance coverage provided by at least one parent
  • Inheritance rights and/or access to social security and veteran’s benefits, when applicable from both parents

The Unmarried Father And His Parental Rights In Los Angeles, California

Establishing paternity is an important part of an unmarried father’s connection with his children. Without the established parentage, an unmarried father has no legal right to see his children, even if there is an existing verbal agreement in place between the parents.

Our paternity attorney in Los Angeles can help establish the father’s rights to obtain shared parenting time with his former partner.

Unmarried Same-Sex Parents And Child Custody

Same-sex parents and their child custody cases are legally entitled to the equal treatment opposite-sex parents receive under the California Family Code Section 3011.

This does not mean the process will be without its challenges, and our Los Angeles attorney can help deliver solutions.

Challenges Remain For All Parents When Determining Child Custody: Our Law Firm Provides Solutions

Unwed parents face significant challenges when determining how they will share their children’s time after they split.

Determining who gets physical and/or legal custody of the children requires an accomplished attorney who can provide exceptional representation and clear direction on how to navigate the legal path to creating the best life for your children.

If you are a parent who is dissolving your non-marital relationship, our family law attorney at the Land Legal Group in Los Angeles can provide the legal guidance you need in establishing paternity, child support, and child custody, beginning with a phone call to schedule a free consultation by calling (310) 746-5856 today. Shared parenting is too important to be left to chance, and our law firm can help deliver results.

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