If you’re the father – or the presumed father – of a child in the state of California then your rights depend heavily on whether or not you were married to the mother of the child. If you weren’t, then your rights are largely dependent on whether or not you ever acknowledged paternity. This is a situation that can be complicated and can lead to some big emotions. If you are a father wondering about his rights in California then your next call should be to Kendall Gkikas & Mitchell.
If you were married to the mother of the child when the child was born
In the event that you were legally married to the mother of the child when the child was born, then you are automatically legally assumed to be the father of the child. As a result, you have full rights and responsibilities to the child as its father.
This means that if you’re getting divorced, you have the same rights to the mother as far as custody and visitation are concerned. Of course, this assumes that there aren’t issues, such as domestic violence or substance abuse. Keep in mind that courts no longer automatically prefer the mother as the custodial parent. The judge will make a decision on custody based solely on what’s best for the child.
If both parents are considered to be good, responsible parents then it’s likely the judge will favor a joint custody option. This will give both you and the mother of your child ongoing, frequently contact with the child. If you have questions about how custody arrangements work, reach out to Kendall Gkikas & Mitchell today.
If you were never married to the mother of your child
In the event that you were never married to the mother of your child, the situation is very different. If you and the child’s mother signed a Declaration of Paternity, and that declaration was filed with the California Child Support Services, then there’s good news: You’re the legal father of the child. This form must be signed by both parents and no one can be forced to sign it.
If you didn’t sign it, either because you didn’t know the child was yours or you didn’t know the child was born at all, or if the mother didn’t sign the form, then you’ll need to establish paternity. This is required even if feel confident that you’re the biological father. Doing so involves taking a DNA test that proves whether or not you’re the father once and for all.
Once paternity is confirmed, you will have all rights of a father – but all the responsibilities as well. That’s why it’s best to get the advice of an attorney before moving forward. At Kendall Gkikas & Mitchell, we are here to help. Contact us today at 909-482-1422 to set up your appointment. We can help you through the process and ensure you’re considering every aspect of the situation before making any decisions that can’t be undone.
