Long gone are the days when marriage was considered a necessity for parenthood. Many couples specifically choose not to marry but still decide to have children together. Such arrangements can lead to complications if the parental relationship ends abruptly while the children are minors.
Mothers generally have clear legal rights in such cases, while the unmarried father may be unsure about what, if any, legal rights and protections he has. He may want to share custody, but he may be uncertain of how to pursue parenting time and a say in the major decisions about a child’s upbringing.
Do unmarried fathers have the right to seek shared custody after they separate from the mothers of their children?
The father may need to establish parentage
State statutes do not require a marital relationship between parents for a father to have rights. Additionally, the laws discussing the division of parental rights and responsibilities do not reference the sex of the parents. Fathers potentially have the same rights and access as mothers do if they follow the right procedures.
Many unmarried fathers establish their paternity or parentage at the hospital after the birth of a child. They fill out a Voluntary Declaration of Parentage with the mothers of their children. If a man already has his name included on the birth certificate of his child, he can petition the courts for shared custody or visitation when his relationship with the mother ends.
If he has not added his name, he must do so to move forward with seeking shared custody. He can ask the mother to cooperate with him to fill out the declaration paperwork. If she refuses, he can ask the courts to intervene on his behalf.
Genetic testing can help validate a man’s parentage when there are questions about the identity of the father or the mother refuses to acknowledge his relationship to the child. Once the genetic test has confirmed a man’s claim of parentage, he can then request the addition of his name to the child’s birth certificate and assert his parental rights in family court.
Men who want to be present in the lives of their children, regardless of their relationship status, may need to learn about their rights and seek support from someone familiar with family law statutes in California. Unmarried fathers may need help establishing paternity and navigating the legal proceedings necessary to secure shared custody or visitation.
