Child Custody and Visitation Rights for Unmarried Parents in California

Child custody and visitation rights for unmarried parents in California can be complex and often differ from those experienced by married couples. While the law prioritizes the best interests of the child, it is essential for unmarried parents to understand their legal rights and how custody and visitation arrangements are determined in the state.

Legal Custody vs. Physical Custody

In California, child custody is divided into two categories: legal custody and physical custody.

• Legal custody is the right of a parent to make major decisions about their child’s life, such as healthcare, religious upbringing, and education.
• Physical custody is where the child lives, as well as the day-to-day care and responsibility for the child.

For unmarried parents, both types of custody can be shared between the parents, or one parent may be granted sole legal and/or physical custody, depending on the circumstances. When making a custody determination, the court’s primary focus is what is right for the child, not the adults involved.

Establishing Paternity

Before an unmarried father can seek custody or visitation rights in California, he must first establish paternity. Paternity can be established voluntarily if both parents agree and sign a Declaration of Paternity, or it can be done through a court order, typically involving genetic testing.

Once paternity is established, the father has the same legal standing as the mother regarding custody and visitation rights. Until paternity is confirmed, the mother typically retains sole custody of the child.

How Custody Is Determined for Unmarried Parents

When it comes to unmarried parents, the court follows the same set of principles used for married parents to determine child custody and visitation arrangements. The court looks at several factors, including:

• The child’s best interests. This is the guiding principle for all custody decisions in California. The court examines the emotional, physical, and psychological well-being of the child to ensure the arrangement supports their overall welfare.
• Parental involvement. Courts favor arrangements that encourage the child to have frequent and continuing contact with both parents, assuming both parents are involved in the child’s life.
• Parental fitness. If one parent has a history of abuse, violence, or other behaviors that could harm the child, the court may limit their visitation or custody rights.
• The child’s relationship with each parent. The court may also consider the quality and stability of the child’s current relationship with each parent when making custody decisions.
• The child’s preferences. Depending on the child’s age and maturity, the court may take into consideration their own preferences regarding living arrangements.

Visitation Rights for Unmarried Parents

Unmarried parents who are not awarded physical custody can still be granted visitation rights. This is also referred to as parenting time. Visitation can either be reasonable or structured:

• Reasonable visitation allows parents to work out a flexible visitation schedule on their own.
• Structured visitation lays out specific days, times, and locations for visits. It is often used in high-conflict cases where parents cannot agree on a flexible schedule.

Visitation rights are typically granted unless the court determines that spending time with a particular parent is not in the child’s best interest. This could be the case if one parent has a history of abuse or neglect.

Co-parenting for Unmarried Parents

For unmarried parents, establishing a healthy co-parenting relationship is key to the success of any custody arrangement. Co-parenting means working together to make decisions about the child’s life and maintaining open communication about their needs, even when living separately. Some tips for successful co-parenting include:

• Respect each other’s roles. Even if the romantic relationship has ended, both parents have an important role to play in their child’s life.
• Communicate effectively. Keep discussions focused on the child’s well-being and avoid personal conflicts.
• Create a consistent routine. Children thrive in stable environments. Maintaining a consistent routine across both households can help them adjust to life with unmarried parents.
• Seek help when needed. If co-parenting conflicts arise, it may be beneficial to work with a family counselor or mediator.

FAQs

Q: Do Unmarried Fathers Have the Same Custody Rights as Mothers in California?

A: Yes, once paternity is established, unmarried fathers have the same legal rights as mothers regarding custody and visitation. Until paternity is confirmed, the mother is presumed to have sole custody. Conversely, a mother can seek a paternity test to establish the co-parent has no legal right to the child, or to establish that an absent co-parent should take responsibility for their child.

Q: What Happens If Unmarried Parents Cannot Agree on Custody or Visitation?

A: If parents cannot reach an agreement on custody or visitation, they may need to go to court, where a judge will determine the arrangements based on the child’s best interests. Both parents will have the opportunity to present their cases to the judge, and a structured visitation schedule may be ordered.

Q: Can a Child Decide Which Parent to Live With in California?

A: In California, the court may consider the preferences of a child who is at least 14 years old, though the final decision is always based on the child’s best interests. Younger children’s preferences may also be taken into account depending on their maturity and the familial situation. If there has been abuse or neglect, it could also play into a judge’s decision.

Q: Can a Custody Order Be Modified After It Has Been Issued?

A: Yes, custody or visitation orders can be modified, especially if there is a significant change in circumstances that affects the child’s best interests. There could be changes in employment, housing status, health concerns, substance abuse, etc. Either parent can request a modification, not just the parent affected by the change in circumstances. The court will evaluate all relevant details before making a decision.

Get Legal Help for Your Case

Child custody and visitation rights for unmarried parents in California follow the same legal framework in place for married parents, but they come with some unique considerations, especially regarding establishing paternity.

If you are dealing with child custody concerns as an unmarried parent, our legal team at Bickford Blado & Botros can help you navigate the complexities of the case. Contact us today to schedule a consultation.

Feel Free to Contact Our Office with Any Questions

858-793-8884