Legal Question in Family Law in California
Hello-
What are the rights of an unamarried bioplogical father when the mother would like to move out of state with the children. The parents have an informal verbal agreement only at this time with regard to child support and visitation.
Thank You
2 Answers from Attorneys
Without a paternity judgment and a custody and support court order, the father has no enforceable rights. What the father has is the right to go into court and ask for enforceable rights, which he should do immediately.
An unmarried biological father will need to file a paternity action with a court that has jurisdiction in order to obtain enforceable custody and visitation orders. A preliminary determination of paternity must be made pursuant to the factors set forth in Family Code section 7611, before any support, visitation, or custody orders can be made by the court.
A verbal agreement is worth the paper it is written on, and I'm sure that both parties would not agree on what the terms of the verbal agreement was.
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