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In California, unmarried parents have the same legal rights and responsibilities regarding child custody and support as married parents. However, because they do not have the legal framework of marriage to define parental roles and obligations, unmarried parents often face additional challenges when establishing custody arrangements, parenting time, and financial support obligations.
At Land Legal Group, our experienced Los Angeles family law attorneys help unmarried parents navigate custody, visitation, and child support disputes, ensuring that both parents’ rights—and, most importantly, the child’s best interests—are protected.
Do Unmarried Parents Have Equal Rights in California?
Yes, both parents have equal legal rights to custody and visitation, regardless of their marital status. However, the key difference for unmarried parents is that legal paternity must be established before a father can assert his parental rights.
While mothers automatically have parental rights upon giving birth, an unmarried father must take legal steps to prove paternity before seeking custody or visitation.
- Establishing Paternity in California
To secure parental rights, unmarried fathers must establish legal paternity. This can be done in two ways:
- Signing a Voluntary Declaration of Paternity (VDOP) – If both parents agree on the father’s identity, they can sign a VDOP at the hospital, a child support office, or a court.
- Filing a Paternity Case in Court – If paternity is disputed, either parent can request a DNA test through a court action. If the test confirms paternity, the court will legally recognize the father’s rights and responsibilities.
Establishing paternity gives the father the right to:
- Seek custody or visitation.
- Participate in parenting decisions.
- Prevent the child from being moved out of state without consent.
It also ensures that the child has access to benefits such as health insurance, inheritance rights, and financial support from both parents.
Custody Rights for Unmarried Parents in California
In California, courts make custody decisions based on the child’s best interests.
This means they will evaluate factors such as:
- The child’s relationship with each parent.
- Each parent’s ability to provide a stable environment.
- Any history of abuse, neglect, or substance abuse.
Unmarried parents can share:
- Legal Custody – The right to make crucial decisions regarding the child’s education, healthcare, and welfare.
- Physical Custody – Where the child primarily lives. Parents can have joint custody (shared time) or sole custody (one parent has the primary residence).
The case may require mediation or court intervention if one parent disputes custody.
Child Support Obligations for Unmarried Parents
Once paternity is established, both parents are legally required to support the child financially.
The court determines child support based on the following:
- Each parent’s income.
- Parenting time (custody arrangement).
- The child’s specific needs.
Even if a father is not awarded custody, he may still be required to pay child support to ensure the child’s well-being.
Why Legal Representation Matters
For unmarried parents, establishing custody and support can be complex—especially if the other parent is uncooperative or disputes paternity, custody rights, or financial obligations.
An experienced Los Angeles family law attorney can:
- Negotiate fair custody and visitation agreements.
- Ensure the child receives proper financial support.
- Help establish paternity and parental rights.
Contact Our Skilled Los Angeles Family Lawyers at Land Legal Group for Help
At Land Legal Group, we are dedicated to protecting the rights of unmarried parents and ensuring the best possible outcome for their children. Call (310) 746-5857 or contact us online today for a consultation if you need legal guidance on paternity, custody, or child support matters.
Related Links:
- Can a Child Choose Which Parent They Want to Live With After a Los Angeles Divorce?
- If I Have Joint Custody, Do I Still Have to Pay Child Support?
- Top Five California Child Custody Myths
- What Are My Custodial Rights as an Unwed Father in California?
