Legal Question in Family Law in California

Unmarried Father's Rights Regarding Custody

What exactly are the rights of an unmarried father who's name is printed and signed on his daughter's birth certificate? The child's mother is emotionally unstable, the father has been forced to call police to help handle situations invovling her. She has been documented by the U.S Navy (where she is currently employed) as having done drugs, specifically marijuana. What exactly can an unmarried father do to obtain legal rights to his child? I have been unable to find any specific answers to this question any where else.

Thank you for any help.


Asked on 6/11/01, 11:38 pm

3 Answers from Attorneys

Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Unmarried Father's Rights Regarding Custody

If you are the biological father of the child, you would have the same rights to custody and/or visitation that you would if you were married. You also would have liability for child support as well.

If you with to obtain custody, or visitation rights, I recommend that you retain an attorney. If you are located in SoCal you may call for a free telephone consult at 818-998-1584

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Answered on 6/28/01, 1:18 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Unmarried Father's Rights Regarding Custody

File for paternity. Schedule an OSC for an hearing regarding custody. Don't do it own your own, obtain reprensentation. Please contact me directly at (619) 222-3504.

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Answered on 7/05/01, 2:05 pm
PATRICK MCCRARY PATRICK MCCRARY

Re: Unmarried Father's Rights Regarding Custody

There is no legal difference between the rights of a Father who was married to the Mother and a Father who was not married to the Mother. He needs to file a paternity action to establish that he is the Father and then the court will decide on custody to both parents, which will be joint if both parents are fit. Good Luck, Pat McCRAry

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Answered on 6/28/01, 8:29 pm


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