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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 11326
Experience:  Licensed Texas General Practice Attorney
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What is the California Law related to seperation of unmarried couple and the custody of ch

Resolved Question:

What is the California Law related to seperation of unmarried couple and the custody of children
Submitted: 1 year ago.
Category: Family Law
Expert:  ScottyMacEsq replied 1 year ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

assuming that the father signed the birth certificate at the hospital or some form of acknowledgment of paternity, he is presumed to be the legal father, and as such has equal rights, legally speaking, as a mother does. If the father has not signed any such document, for the father to have any legal rights to the child, there would need to be what's known as a "paternity action".

ScottyMacEsq :

the fact that the parents were never married is not have much of an effect on anything, other than the situation where the father has not formally acknowledged the paternity of the child.

ScottyMacEsq :

Otherwise, the court will consider the same factors in awarding custody to either of the childs parents.

Customer:

Do we need to file a divorce and need the court order for the custody.

ScottyMacEsq :

if you were never married, no, because a divorce is an action specifically asking the court to dissolve the marriage. You do not need to dissolve a nonmarital relationship. This is assuming that you have not filed for a domestic partner situation either.

ScottyMacEsq :

However, if the custody issues are not agreed, a court would need to address that, and award custody and visitation accordingly.

Customer:

Thanks

ScottyMacEsq :

If the custody issues are agreed, this should be in an agreement, as well as other issues such as child support, insurance, etc.

ScottyMacEsq :

My pleasure.If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX good luck to you!

ScottyMacEsq :

Did you have any other questions before you rate this answer?

ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 11326
Experience: Licensed Texas General Practice Attorney
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