Legal Question in Family Law in California

What are the parental rights of single mothers? Does the father have any rights or just visitation rights?


Asked on 9/30/11, 3:51 pm

3 Answers from Attorneys

The rights are exactly the same as if you had gotten married and divorced. The rights really belong to the child, and those rights focus on having two parents involved in their lives to the extent it is "in the best interests of the minor child." That quote is what the court must decide in any custody case. So if the mom and dad can't work it out, that is what the court will decide on. Unfortunately the court usually gets it wrong. So working out a child-centered plan for parenting is WAY more likely to be the best for the child than letting the court decide.

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Answered on 9/30/11, 10:46 pm
Michael Schneider Family Law Center

I would agree. There is no presumption that the child should be with the mother vs. The father, just because she is the mother. There is also no "regular" visitation schedule given to either parent. The courts treat each case differently. They look at your case differently from the next case as what is happening with you is different from what is happening with the next case. So, however much time the child is you vs. The father will be based on your own circumstances and what the court sees as the best interests of YOUR child.

www,FamilyLawCalifornia.com

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Answered on 10/01/11, 8:39 am


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