Legal Question in Family Law in California
I have a boyfriend with whom I've lived with for 4.5 years we have 2 children together but are NOT married. The relationship has turned sour and feel its best if we went our seperate ways. What are my rights as a mother?
2 Answers from Attorneys
Your parental rights and obligations, including child support and custody rights, are the same as if you had gotten married and divorced. If you have not formally established legal paternity, you will need to file a proceeding to do that, and for custody orders and support. If legal paternity is already established, you just file for a custody and visitation order and to establish support.
The fact that you are not married does not change your rights as a parent. You are still legally able to and legally required to support and care for the children. So is the father. Have you established paternity yet? Do you have custody of them? Are you getting any support monies from the father? You can get assistance with establishing paternity and support with Child Support Services in your county. If you are receiving state aid for dependent children, they will require (and assist ) you in filing the proper paper work to establish paternity and require the father to pay the system what you are receiving in aid. However, you will have to make request on your own to establish a custodial arrangement. You should check with an attorney in your area who can assist you with the whole situation. Good luck.