Ask Experts Questions for FREE Help !
Ask
    stepha's Avatar
    stepha Posts: 2, Reputation: 1
    New Member
     
    #1

    May 12, 2012, 08:38 PM
    Child Custody
    I would like to know the California law for custody of a newborn. My nephew's parents have never been married. I read that such being the case, the mother has automatic custody of the child. However, I would like to read it in the actual family code, but I cannot find it. Also, even if the mother does get/has automatic custody, is there some way to get it on paper, i.e. a paper stating that the father does not have custody? Thank you!
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
     
    #2

    May 12, 2012, 09:04 PM
    Quote Originally Posted by stepha View Post
    ... I read that such being the case, the mother has automatic custody of the child. However, I would like to read it in the actual family code, but I cannot find it. ...
    You can't find it because it doesn't exist. The mother ends up with de facto custody because she would have been, by the nature of things, present when the child was born. But both parents of a chid share full custody until a court rules otherwise. The father, however, would have to prove that he is the father in order to get that right recognized.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #3

    May 12, 2012, 09:25 PM
    The mother has custody only because she will be the only parent on the birth certificate. The father has rights, but has to go to court to get them enforced. So father will file in court for custody, or joint custody or visits, he will normally have to prove paternity.

    So there is no law that says he does not get custody, but there are laws that show how he gets that custody or visits
    stepha's Avatar
    stepha Posts: 2, Reputation: 1
    New Member
     
    #4

    May 12, 2012, 10:18 PM
    Thank you so much!

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Can the father of my unborn child get 50% custody if I want primary custody? [ 3 Answers ]

I'm 4 months pregnant and the father of the child and I are no longer together. For personal reasons I want to give the child my last name, not his. He says he can CHANGE the baby's last name once a paternity test is done. Is that correct? Also, I want primary custody and would agree to give him...

If I have custody of 1 child and my wife has custody of 1 child is money involved? [ 1 Answers ]

If I have custody of 1 child and my wife has custody of 1 child is money involved?

Divorced, father has custody of child and mother found she has to pay child support [ 3 Answers ]

I just received my divorce papers and my ex wife found out she has to pay child support and now she wants custody. We signed a non contest divorce where we both agreed, she has been distant from my daughter for sometime, she has only seen our daughter 12 times n almost 2 years.

Regaining physical custody of child I already have custody of [ 16 Answers ]

A complecated case need help to get my grand daughter back from someone who does not have custody,for 8 years my grand daughter has lived with great aunt and found out today she has never had custody


View more questions Search