Legal Question in Family Law in California

When it comes to children, the parents of unmarried couples who split up have exactly the same rights and responsibilities as parents who are married when the baby is born and then divorce. So legally you and he are in the same situation as a married couple where the marriage ends while the wife is pregnant. That is as far as the child is concerned. You don't have any of the community property or other issues a married couple would have.

The legal standards for establishing custody and visitation are simple but very vague. They are vague on purpose to give the judges room to do what they think is best in each situation. The key standards are: 1) there is a strong public policy in favor of frequent and continuing contact between the child and both parents; and 2) the court must do what the court determines to be in the best interests of the child. Beyond that, each case turns on its specific facts and circumstances.