Single Mothers and Child Custody: Get the Facts and Get the Help You Need
Posted on: December 20, 2018
When the average person thinks about issues regarding child custody, they think of two parents who were married and are getting divorced. However, child custody can be just as much of an issue with parents who were never married. California law gives custody rights to the mother automatically, but the father is not given the same automatic rights. If that unmarried couple is no longer together, the father is able to take steps to get custody or visitation.
If you are a single mother, or you are a single father, then it is essential to understand the nuances of child custody in this situation. At Law Office of Michael L. Fell we have outlined the basics below but you can call us at (949) 585-9055 to get advice on your specific situation.
The rights of a single father
Even if paternity has been established and is not in question, an unmarried father does not get automatic custody rights – even if his name is on the birth certificate. An unmarried father who is seeking custody must show to the court that he has been participating in parenting and has been involved in raising their child.
Single mothers can lose custody rights
If the father of a child – or a third party with a legal right to seek custody – wants to gain custody, the single mother does not automatically get to keep custody. Instead, the court will consider what is best for the child. The judge is likely to take many factors into consideration. If the child is old enough to be taken into account, their preference may make a difference.
If the child has siblings, then the emotional bond between them and their siblings, as well as where the siblings live, may be considered. The judge will consider the child’s current living situation and how well the judge is thriving in it. If the child has a physical or mental health special need, the judge will consider which parent is best equipped to handle it. A history of drug or alcohol abuse, or a history of physical, mental, or sexual abuse against the child will be taken into consideration.
The right attorney is essential no matter which side you are on
No matter if you are the father or mother who wants to seek custody or keep it, having the right family law attorney on your side is essential. Do not let your child’s living situations be put into someone else’s hands without fighting for your child. Do not give up until you have had an attorney carefully consider the situation.
You can count Law Office of Michael L. Fell at (949) 585-9055 now to learn more about your options. We will carefully consider your case, listen to what you want, and offer an honest assessment of what you should expect – and how we can get it for you. Call now to get the process started.
