What Are A mum And Father's proprietary In California, When You Are Not Married?

Overbearing Mother In Law Grandchildren - What Are A mum And Father's proprietary In California, When You Are Not Married?

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In modern times many couples have children when they are not married. Problems can arise with respect to Child Custody, Visitation, and Child support when these couples break off the relationship.

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Overbearing Mother In Law Grandchildren

In a perfect world the mom and the father are amicable in such a situation, and do what is in the child or children's best interest. However, it is much safer, and very recommended, that you accumulate Court orders with respect to custody, visitation, and support issues, so that the mom and father each know their respective ownership and obligations, and so that there are no ambiguities regarding the same.

This report will discuss the issue of children who are born out of wedlock from both the mom and the father's prospective to give you a normal understanding of the law in California regarding children born out of wedlock.

The Mother's Prospective

The mom of a child that is born out of wedlock has a unique benefit in that she does not ordinarily have to prove that the child is hers. If hospital records indicate that a female has given birth to a child, and the birth certificate that is issued upon the birth of a child indicates that the female gave birth to the child, than there is ordinarily no issue with the mom showing that she is the paternal mother.

The mom of a child born out of wedlock will automatically be entitled to full custody of a child absent a Court order indicating otherwise.

She may give the father visitation if she so chooses, or she can deny visitation to the father absent a Court order.

All minor children in California have a right to receive child support pursuant to a statutory guideline. (The subject of Child support will be covered in a forthcoming cut off article). If the mom of a child who is born out of wedlock wants to accumulate child support from the father, she will have to file and serve a motion to found Parentage on the father, and an Order to Show Cause for child support with the approved Court.

If the mom is on welfare or Aid to Families with Dependent Children, the District Attorney in the county in which the mom resides will ordinarily aid in this process so that the County gets reimbursed for the aid that is being in case,granted to the mom by the County.

If a father voluntarily accepts paternity, than the Court will settle each party's ownership to custody, visitation, and child support based upon the facts in the case. If the father denies that he is the father, he may ask that a Dna test be done to settle whether he is the father. Once this process is completed than the Court will settle each party's rights.

If a mom is not sure who the real father of a child is, she will have to file a motion to found Parentage on each potential father.

The Court will ordinarily allow the father visitation or custody ownership to the child unless it can be shown that it is not in the best interest of the child for the father to have such rights.

The Father's Prospective

The father of a child born out of wedlock has no ownership to Custody, Visitation, or Child support unless they accumulate a Court order for the same.

If a father wants to have ownership to custody, visitation, or child support for a child born out of wedlock, the will have to file a motion to found Parentage, and an Order to Show Cause for Custody, Visitation, and/or Support.

The mom of the child may or may not agree that the father is the true father of the child. whether party may ask that a Dna test be done to prove whether or not the father is the paternal father of a child.

Once the Court determines paternity, the Court will than look at many factors with respect to ownership to Custody, Visitation, and Support.

The Court will ordinarily allow the father visitation or custody ownership to the child unless it can be shown that it is not in the best interest of the child for the father to have such rights.

The mom and Father's Prospective as a Whole

The Court will all the time try to settle what is in the children's best interest when determining who will have Custody and Visitation ownership to a child or children. This can be a long and expensive process if litigated. It is recommended that a mom and Father try to informally work out a Custody and Visitation plan for a child or children, and then get a Court Order which reflects the business transaction of the mom and father.

If you cannot informally work it out than the Court will settle the issue for you.

Support of the child or children will be carefully by the Court using a statutory method which is based on both parties income, the ration of time each someone has with the child or children, and other factors.

It is all the time recommended that you support a lawyer in these types of cases. Only a fool has herself or himself for a client.

You can check out our house law website at http://www.divorce-legal.net for more normal house law information.

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