I have a child out of wedlock, and the father's name is on the birth certificate, but I don't know who has full custody. My baby stays with me, but legally, do I have full custody of the baby since me and the father never married?

You have primary physical custody, but joint legal custody. However, the father would have to seek to exercise his rights.

It would be better to get this affirmned by a court and apply for support.

I have a child out of wedlock, and the father's name is on the birth certificate, but I don't know who has full custody. My baby stays with me, but legally, do I have full custody of the baby since me and the father never married?

I'm not entirely sure what you mean by "full custody", that not being a legal term used in California. Nonetheless, if by that you mean "sole physical custody" the answer is no, you do not have that unless a court ordered it.

The fact that you never married does not matter since the father's name is on the birth certificate. In California it's not so much a matter of the father being on the birth certificate that's the issue, it's technically what being on the birth certificate means. And what it means is that you were either married to the father when the child was born or that you and the father both signed a voluntary declaration of paternity (pop-dec) at the time of the child's birth, which by law is the equivalent of a judgment of paternity (no one is allowed by law to be named as father on a birth certificate other than the mother's husband unless the one named is the one who, along with you, signed a pop-dec) . Now, since we know you were never married to the father, you and the father must have signed a pop-dec; therefore, the father is the legal father for all intents and purposes.

In the absence of court orders, you each are both equally entitled to custody of the child (Cal. Fam. Code Section 3010). Although the code does not specifically refer to it as such, this appears to be the equivalent of both joint legal and physical custody of the child.

You have primary physical custody, but joint legal custody. However, the father would have to seek to exercise his rights.

It would be better to get this affirmned by a court and apply for support.



That helps me out a lot. By joint legal custody, does that mean he still has the right to take the child even without my consent?

I'm not entirely sure what you mean by "full custody", that not being a legal term used in California. Nonetheless, if by that you mean "sole physical custody" the answer is no, you do not have that unless a court ordered it.

The fact that you never married does not matter since the father's name is on the birth certificate. In California it's not so much a matter of the father being on the birth certificate that's the issue, it's technically what being on the birth certificate means. And what it means is that you were either married to the father when the child was born or that you and the father both signed a voluntary declaration of paternity (pop-dec) at the time of the child's birth, which by law is the equivalent of a judgment of paternity (no one is allowed by law to be named as father on a birth certificate other than the mother's husband unless the one named is the one who, along with you, signed a pop-dec) . Now, since we know you were never married to the father, you and the father must have signed a pop-dec; therefore, the father is the legal father for all intents and purposes.

In the absence of court orders, you each are both equally entitled to custody of the child (Cal. Fam. Code Section 3010). Although the code does not specifically refer to it as such, this appears to be the equivalent of both joint legal and physical custody of the child.



We did sign a pop-dec, and since we are 100% sure he is the father, does that mean he can take the child without my consent? As in, if we were to get in an argument and he were to leave with the child, is that illegal?

The father has the same rights to the child that you have. If you want that changed you have to go to Court and get a custody/visitation order. If the father leaves with the child, it is NOT illegal as he is the acknowledged father.

At that point you would attempt to involve the Police but in many States they will not become involved in anything that is not a criminal matter - and this is not a criminal matter.

That helps me out alot. By joint legal custody, does that mean he still has the right to take the child even without my consent?

It depends on what you mean by "take". If you mean that he can pick up the child and move away or secret the child from you, the answer is no. Since you have equal rights to the child, one parent cannot prevent the other from exercising their rights.

If you have not been to court to establish custody, visitation and support then you need to do so immediately. If you are concerned that he will interfere with your physical custody, you must formalize that in court.

We did sign a pop-dec, and since we are 100% sure he is the father, does that mean he can take the child without my consent? As in, if we were to get in an argument and he were to leave with the child, is that illegal?

He has equal rights to the child. Your rights are the same as his. So, in a sense, yes, he can take the child without your consent just like you can take the child without his consent. What neither of you can do is commit parental kidnapping, which is a crime, and in general has to do with secreting the child and denying the co-parent access.

If you were to get in an argument and he were to take the child that would not be illegal. No, with the caveat I mentioned about parental kidnapping. If he were with the child visiting and refused to return the child to you that would also not be illegal and your call to the police for help would fall on deaf ears. So, as others have said, these are the really important reasons you need to go to court to establish orders that say specifically when the child is to be with you and when he/she is to be with the dad.