Legal Question in Family Law in California

He has the same custody rights as if you were married and are now getting a divorce. He cannot waive paternity, and you cannot release him from it. Whether or not you have to accept joint custody depends on you and him. If he is a fit parent (very low standard, just look around) with no big issues such as domestic violence history, current addiction issues, homelessness, etc., the least he can expect to get if he asks for it is joint legal custody, physical custody to you with visitation to him. While the baby is a newborn, that is the most likely arrangment, but very quickly he will be able to ask for more custodial time and there is an assumption in most courts that in pre-school and elementary school children do best with as close to 50/50 as possible. So again if he is a good father, and fights for it, he has a good chance of working up to full joint custody. All of this is pure speculation, however, since there are so many factors that go into custody determinations.

What is for certain is that unless he walks away and disappears, and you let him, or you chose to put your baby up for adoption or have the doctors kill it now, you and he are going to have a relationship as parents for the rest of your lives. No matter what you think about this guy, he is your baby's dad, and your baby will want his or her dad in his or her life. Best start figuring out how to make that happen in the best way possible for the three of you.

Without knowing your specific situation, the basic idea is that the child's best interest is best served by having frequent contimuous contact with both parents