Legal Question in Family Law in California

Custody Rights Of Unwed Parents.

The mother of a 3 month old doesn't want to have anything to do with the father. He signed the birth certificate, but does not care for the child. What are the mother's rights? Can she have the father not be in the child's life?


Asked on 5/25/11, 6:45 pm

1 Answer from Attorneys

Not if the father wants to be, unless the court finds he is a danger to the child or otherwise would have the child taken away if he was the only living parent, or the mother marries and the father consents to a step-parent adoption.. Custody rights of unwed parents are identical to those of married parents when they divorce. That means not only is the mother not able to get rid of the father, the father cannot even voluntarily surrender parenthood. Both custody rights and support obligations are not optional.

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Answered on 5/26/11, 10:00 am


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