Unmarried Fathers Rights In California |
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The laws in California do not distinguish between married and unmarried parents or between those who are heterosexual, lesbian or gay. A child is entitled to support from both the parents and a father’s legal obligation is established through paternity testing. |
Unmarried fathers often feel cheated by the system when it comes to the custody or rights over their children. A father who falls short of supporting his child can expect to pay a whole lot in interest, lose their driver’s license, have their federal and state income tax refunds intercepted and face the possibility of a criminal prosecution.
With a child born to a married couple, the father is automatically assumed to be the father, not just biologically. But in case of unmarried fathers, paternity must be established for the father to seek custody and/or have the right to visit the child. Paternity refers to the legal acknowledgement of the parental relationship between a father and the child. In California, only after the father’s established paternity will a father obtain rights and responsibilities involving their children. A putative father is one who is the biological father of the child, but who is not married to the child’s mother on or before the date of the child’s birth and hence does not establish his paternity through legal proceedings.
In California, the laws are heavily weighted against the unmarried father. Custody and visitation right frequently take a back seat to child support. Furthermore, if the mother decides that the contact the child is having with the father is no longer working, then such contact can be denied and only reinstated with court orders.
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