Frank J. Prainito

Posts Tagged ‘seeking child custody’

Seeking Child Custody in California When You Are Not Married

Posted on: March 17th, 2017 by admin

Generally speaking, California law gives a legal presumption that a husband and wife are the parents of a child born into that marriage. California Family Code Section 7540 reads in part as:

“Except as provided in Section 7541, the child of a wife cohabiting with her husband, who is not impotent or sterile, is conclusively presumed to be a child of the marriage.”

When a child is born to unwed parents, however, the child does not have a legal father until parentage, sometimes called paternity, is legally established. This effectively means the unwed mother’s custody rights are a given and unwed fathers have neither rights nor responsibilities to their children until their parentage is established. (more…)

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