Protecting the Rights of Unmarried Parents
Protecting the Rights of Unmarried Parents
One of the greatest moments in an individual's life is when they welcome a child into this world. While many individual's do this within the unity of a marriage, there are countless others who have children outside of marriage. Their joy is no less intense than those of a married couple, but the legal standing of each parent in relation to each other and their child/ren is more precarious than that of two married parents.
The laws in the state of California do not hold the rights and responsibilities of parents in a different light depending upon whether or not the parents of the child are married. However, unmarried parents do need to establish their parental rights for their own good and the well-being of the child. Establishing parental rights is important for the following reasons:
Establishing custody
Arranging visitation schedules
Setting up child support
For married parents, the simple birth of their child establishes their parental rights on the spot. In the state of California unmarried parents will travel a different path in establishing their parental rights. Unmarried mothers need simply give birth to the child. Unmarried fathers, even though listed on the birth certificate as father, have a legal process they must go through in order to establish and protect their rights as an unmarried parent.
Unmarried fathers in the state of California will need to follow three general steps in order to establish their parental rights in regards to their child/ren. These steps include:
Preparing and signing a declaration of paternity
Filing a motion in court to be declared a child's father. This may require a paternity test, often at your expense.
File a motion in court to determine custody of the child/ren
Willingness to testify in a hearing in order to establish custody, visitation, and child support
Often times it is possible for unmarried parents to reach an informal agreement without the assistance of the legal system to establish parental rights, custody, visitation, and child support. These circumstances often work out for the best between two individuals who maintain a good relationship and open communication with one another.
Establishing rights for unmarried parents is important not just for the parents, but for the children involved in the process also. Doing so helps set up custody and visitation rights for both parents, establishing stable living environments for the children in the process. Having children is extremely expensive and it is important for both parents to contribute to the expenses related to raising children. Establishing the parental rights of unmarried parents also establishes their responsibilities to their children.
The information provided above should not be considered a suitable substitute for proper legal advice. This information is merely a basic overview of what is required for establishing the rights of unmarried parents and the importance of doing so. Those individuals who do need legal advice should seek out a qualified legal associate in California. A lawyer will not only be able to provide proper legal advice, but will also be capable of guiding both parties through the legal process of establishing the parental rights of unmarried parents.
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