Unmarried Parental Rights

As a parent, you have certain rights and responsibilities in the care and upbringing of your children.

However, when you are unmarried, unique challenges may arise – your rights are not the same as married couples. When the couple is not married, the unwed father is not automatically presumed to be the biological father – paternity must be established first.

Paternity may be established if the father voluntarily signs a Declaration of Paternity, which states he is the father (DNA testing is not required) or if he originates a paternity case through the court.

California law (Uniform Parentage Act) states that only after paternity is established will a father obtain rights and responsibilities involving his child.

If you believe you are the father of a child and are not married to the mother, it is important that you contact an experienced Orange County family lawyer. Call The Law Offices Of Amy M. Montes California Family Law Attorneys immediately. Amy will help you make a claim to your child and assert your rights as soon as possible.