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Unwed Mother's Rights in CA and OR

 
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MNMom07



Joined: 22 Jul 2013
Posts: 1
State or Province: California

PostPosted: Mon Jul 22, 2013 5:36 am    Post subject: Unwed Mother's Rights in CA and OR Reply with quote

Hi, I have been trying to research this and haven't gotten consistent answers. Does anyone know for certain about child custody law in CA and OR for unwed parents? If child's father is on birth certificate and paternity has been proven at birth voluntarily - in these two states, does child's mother have sole custody by default until there is a court order in place?
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nancymom



Joined: 23 Nov 2015
Posts: 2
State or Province: California

PostPosted: Mon Nov 23, 2015 1:37 am    Post subject: Reply with quote

Under California Family Code Section 7610, an unwed mother automatically gains custody of her child upon birth. No legal action is required to assert her custodial rights. She is solely responsible for providing for her child and making decisions regarding his living arrangements, health care and education. Barring any court order, the mother determines what, if any contact, the father has with the child. However, unless paternity is established, the mother has no right to child support from the father in this situation.
Paternity

As with married or divorced mothers, custody rights for an unwed mother include financial support from the child’s father. However, proof of paternity is required in order to initiate child support proceedings. When parents are married, paternity is automatically established when a child is born. An unwed mother needs to prove paternity in order to establish her rights to child support from the birth father; to access to his family medical records and health insurance; and to any of his government benefits. Fathers can voluntarily fill out a declaration of paternity at birth or after the mother initiates child support proceedings. If the paternity is contested, California law allows a mother to file papers in family court ordering the presumed father to take a paternity test.
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