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stepha · May 12, 2012, 08:38 PM

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 · May 12, 2012, 09:04 PM

Originally Posted by stepha

... 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 · 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 · May 12, 2012, 10:18 PM

Thank you so much!