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What are the Legal Custody Rights of Unmarried Parents in San Diego

On Behalf of | Feb 13, 2022 | Paternity

What are the legal custody rights of unmarried parents in San Diego?  How are things handled for those who are living together without any formal legal agreements?  Why should an unmarried father consider a paternity action?  The Carlsbad CA based family law firm of Burke & Domercq provide sound counsel to unmarried clients who wish to protect their interests.

Generally speaking, in the absence of an agreement or a domestic partnership there is no common law marriage recognized by the State of California.  In other words, if two people live together in Carlsbad or anywhere in the San Diego area they do not have any of the legal rights and protections provided to those who are married or who enter into a domestic partnership.

Assets and accounts which are in the separate names of the parties will usually remain separate.  Joint assets, such as a home purchased together by the parties, should be divided equally upon the separation of the couple.  If the asset was held in the name of one party but the other contributed to payments, such as sharing the mortgage payment, the party not on title will need the legal counsel of the Certified Family Law Specialists at Burke & Domercq if they wish to claim partial ownership of the asset.  These issues will need to be heard by a Family Court.

The legal custody rights of unmarried parents in San Diego can be a much more challenging issue.  Generally speaking, an unmarried father does not have legal custody and visitation rights under California law.  Therefore, the unmarried mother of a child can deny access to the child and even take the child and move out of the area or out of state.  Unmarried fathers must establish their legal rights as a parent under a process known as establishing paternity in order to protect their legal standing and ability to make important decisions in the child’s life and ensure consistent visitation.

The legal custody rights of unmarried parents in San Diego and issues surrounding property and finances can be quite complex.  This is why it is important to seek the sound advice and counsel of the experienced Certified Family Law Specialists at Burke & Domercq.  We invite you to protect your own interests and contact us or call 760-389-3927 to schedule an appointment for a remote or socially distanced consultation with one of our experienced Certified Family Law Specialists.