A Guide to an Unwed Father’s Rights in California

A Guide to an Unwed Father’s Rights in California

In the past few decades, the number of children born to parents who weren’t married has gone up. There are a number of reasons this is the case, from rising divorce rates to women being actively involved in the work force and able to be financial dependent. At Kendall Gkikas & Mitchell, we’re glad to say that father’s rights have progressed in recent years. Read on to learn more or call us at 909-482-1422 for a consultation.

Unmarried fathers once had few rights

In the past, a father who wasn’t married to his child’s mother didn’t have the same rights as a father who married the mother and then divorced her. The unmarried father also didn’t have the same rights as the unmarried mother did. Thankfully, in the past 20 years, father’s rights have been changing. As one example, unmarried fathers have been able to successfully challenge the termination of their rights when the mother attempted to put their child up for adoption.

Fathers have the right to establish a substantial relationship with their child

According to the United States Supreme Court, fathers have a right to establish what they call as “substantial relationships” with their child. They further explain that a substantial relationship requires one or more of the following:

  • Proof that he’s involved in the life of his child.
  • Proof that he’s attempted to be involved in the upbringing of his child.
  • Proof that he’s committed to being a father.
  • Voluntarily establishes paternity or does so via a court order.

California is one of eleven states that with the idea of “voluntary paternity” noted above. It essentially means that a father can simply fill out a form and register it with the registrars of vital statistics and social services and legally claim paternity. This gives him a number of rights, including the right to be notified if his child is put up for adoption or if the mother terminates your rights to the child.

There are many advantages to establishing paternity

There are numerous reasons for a father to legally establish paternity if their child is born out of wedlock. For one, even if he’s been living with the mother of the child, he has no legal rights to the child. Once paternity is established, the father can move forward with child custody and visitation requests. Of course, this also means that the mother can request child support from the father.

Choose the family law firm that can help with your case

No matter where you’re standing today, if you’re sure you’re the father, or if you need a paternity test to confirm it, Kendall Gkikas & Mitchell is here to help. We can go over all your rights, obligations, and options. We are here to offer legal advice at every stage of the situation. You are not in this alone. Contact us today at 909-482-1422 and let us help you move forward.