What are the legal custody rights for unmarried fathers?
Question Details:
My ex-girlfriend and I have a 3 year old son together, he will be 4 next month. Since he was born we verbally agreed to share custody and child support. We agreed that our son spends 2 weeks with me and 2 with her and she has him most holidays. My ex just decided last week that I was not to see my son. This is very frustrating and upsets me that she thinks she has control over our child. I need some help and advice on what to do. I've missed a whole week with him and don't think it's fair. I am the biological father, however my name is not on the birth certificate.
You have the same rights, and responsibilities, as you would have had if you had been married when the child was born. The only difference is some slight variations in how you assert them. If you and your ex-GF can't work this out, you will need to file a parentage action under the Uniform Parentage Act as adopted in California in the Family Code. Similarly to a divorce, in that action you will establish that you are the father, and the court will establish custody and support orders just like in a divorce. Other than establishing that you are the father, which might require blood tests if the ex-GF tries to deny it, the proceedings to establish custody, visitation and support and the law applied to those decisions are essentially the same as in a divorce.
