Many men in California become fathers without marrying the mothers of their children. They may enjoy a close relationship with their children anyway, especially if they cohabitate with their mother.
However, if the relationship ends or if the parents never fully combine their lives, then fathers may feel uncertain of their rights and anxious about their relationships with their children. Married men who divorce know that they can ask for shared custody.
Unmarried fathers are often less certain of their rights and what options the California family courts may extend to them. What rights do unmarried fathers in California typically enjoy?
The right to establish parentage
Parentage is the technical term for the state recognizing someone as the biological parent of a child. Many other states refer to parentage as paternity, as there are rarely questions about maternal relationships like there are about paternal ones. California fathers who reasonably believe that they have a biological relationship with a child have a right to establish paternity.
They may do so by cooperating with the mothers of their children. Paperwork executed at the hospital after the birth of a child or at any point while they are still a minor can allow a father to add his name to the birth certificate and establish parentage in accordance with California laws. If a mother refuses to acknowledge the father, he can potentially ask the courts for assistance. The state can order genetic testing and validate a man’s claim of parentage.
The right to a relationship with their child
Once a man establishes parentage, he then has the same rights extended to mothers and married fathers. Specifically, he has the right to request shared custody as long as it is in the best interests of the child. Unmarried fathers can ask for both parenting time and parental authority to make legal decisions for their children. The marital status of the parents and the sex of the person requesting parental rights should not have any bearing on the decision ultimately made by the family courts. Judges hearing contested family law cases should focus on what they believe is in the best interests of the children.
Unmarried fathers who learn about parentage and their rights under California state law can respond appropriately when denied access to their children. Establishing parentage is an important first step for a father to take if he wants to maintain his relationship with his children.