San Francisco Single Parent Custody & Support Lawyers

Representation for Parents in Marin, San Mateo, Contra Costa, & Alameda Counties

In the case of married parents who have a child, the state of California automatically presumes that the husband of the mother is the child’s father. This means his name as the father will be added to the child’s birth certificate, and he will be legally responsible for the child’s upbringing, including both emotional and financial support. 

In the case of unmarried parents, the situation becomes more complex. Single mothers who give birth to a child automatically have custody rights to the child. However, they will not automatically have child support rights from the biological father without having his parenthood proven through the courts. On the other hand, unmarried biological fathers who wish to be part of their child’s life will also have to prove paternity as the first step in pursuing custody rights. 

Need help with custody or child support? Contact us today at (415) 539-0422 for a free consultation.

If you are a single parent seeking child custody or child support, Van Voorhis & Sosna can help. Our family law team has the experience and skills needed to help you pursue parental rights through the California family court system. Our team is known and respected throughout the greater San Francisco area for our service-oriented and results-driven representation. 

The Importance of Establishing Paternity

Establishing paternity is a crucial step for both mothers and fathers in securing their legal rights and responsibilities. Here’s why it matters:

• Legal Rights for Fathers: Without paternity established, an unmarried father does not automatically have legal rights to custody or visitation. Establishing paternity gives fathers the right to seek custody or visitation and have a say in major decisions about the child’s life, like education and health care.
• Child Support: Paternity must be established for a father to be legally obligated to pay child support. Once paternity is confirmed, the court can set a child support order to ensure the child’s needs are met.
• Health Benefits: Establishing paternity can grant the child access to benefits such as health insurance, inheritance, and Social Security through the father’s side.
• Emotional Connection: For fathers, it’s an important step in building a relationship with their child. It ensures that both parents are equally responsible for the child’s well-being, both emotionally and financially.

Child Support Calculations in California

In California, child support is based on a guideline calculation that considers several key factors:

• Income of Both Parents: The court looks at the income of both parents, including wages, bonuses, and other sources of income. This helps determine the ability of each parent to contribute financially to the child’s needs.
• Custody Arrangement: The amount of time each parent spends with the child (physical custody) plays a big role in the calculation. The more time a parent has with the child, the less they may pay in support, and vice versa.
• Child’s Needs: The court considers the child's specific needs, including medical expenses, education, and any special needs.
• Other Expenses: Additional costs like daycare, extracurricular activities, and healthcare expenses may also be factored into the child support amount.

Joint vs. Sole Custody

In custody cases, the court decides what arrangement will serve the child’s best interests. The two main types of custody are:

• Joint Custody: In joint custody, both parents share the rights and responsibilities of raising the child. This typically includes equal decision-making authority over the child’s upbringing, education, and healthcare. Joint custody is often preferred when both parents are capable of co-parenting and are willing to communicate effectively.
• Sole Custody: Sole custody means one parent has primary physical and legal custody, and the other parent may have limited visitation rights. The court may award sole custody if one parent is deemed unfit or if the parents cannot co-parent effectively due to conflict or other factors.

Factors the court considers include:

• Parenting Ability: The court evaluates each parent’s ability to care for and meet the child’s needs.
• Child’s Preference: Depending on the child’s age and maturity, the court may take the child’s preference into account.
• Parental Cooperation: Joint custody is more likely if parents are able to communicate and cooperate effectively. Sole custody might be awarded if one parent is unable or unwilling to work with the other parent.

In cases of domestic violence or substance abuse, joint custody may not be feasible, and sole custody may be in the child’s best interest to ensure their safety and stability.

How to Gain Child Support or Custody as a Single Parent

Unmarried fathers have no legal obligation to pay child support for their children until their paternity has been proven. This is generally done through a paternity action within the courts. Unmarried parents have the option of signing a Voluntary Declaration of Paternity form when the child is born. This form is generally signed by both parents at the hospital at the time of the birth. Absent this, however, such as in the case of separated unmarried parents, either parent can initiate a paternity suit.

Paternity is generally established through DNA testing. Once established, the unmarried mother can seek a child support order through the courts. The establishment of paternity also allows the father to seek custody rights via a court order. If a petition for child custody has been filed, the court will schedule a hearing to decide the matter. Their overriding guideline is to serve the child’s best interests.

After reviewing all the facts and circumstances, the court will decide on how both physical and legal custody will be arranged between single parents. Physical custody determines with whom the child will primarily live. Legal custody gives parents the authority to make major decisions about the child’s life, such as those involving health care, education, religion, and other important areas. 

Frequently Asked Questions (FAQs)

• Can a father seek custody if he has not been involved in the child’s life?
  Yes, a father can seek custody even if he has not been involved previously. However, he will need to establish paternity and show that he can provide a stable, nurturing environment for the child. The court will always prioritize the child’s best interests in making custody decisions.
• What happens if one parent refuses to pay child support?
  If a parent refuses to pay child support, the other parent can request enforcement through the court. This can result in actions like wage garnishment, intercepting tax returns, or even legal penalties. The court has mechanisms in place to ensure that child support is paid.
• Can a child’s custody arrangement be changed after a decision has been made?
  Yes, a custody arrangement can be modified if there is a significant change in circumstances. This could include a change in a parent’s living situation, health, or the child’s needs. However, both parents must agree to the modification or petition the court for a change.
• How does the court decide on visitation rights?
  The court typically grants visitation rights to the non-custodial parent unless there is evidence that it would not be in the child’s best interest. Factors like the parent’s involvement in the child’s life, safety concerns, and the child’s relationship with the parent are all considered.
• What if one parent wants to move out of state with the child?
  If one parent wants to relocate with the child, they must seek permission from the court before doing so, especially if it impacts the other parent’s custody or visitation rights. The court will evaluate how the move affects the child’s relationship with both parents and the overall stability of the child’s life.
• How long does it take to establish paternity?
  Establishing paternity can take several weeks, especially if it involves DNA testing. Once paternity is established, the father gains legal rights and responsibilities, including the right to seek custody or visitation and the obligation to pay child support.
• What if a parent doesn’t want joint custody?
  If one parent does not agree to joint custody, the court will still consider the child’s best interests. Factors like the ability of both parents to co-parent, the stability of the home environment, and any history of abuse or neglect will be evaluated. The court may award sole custody if joint custody is not deemed in the child’s best interest.

Ready to secure your parental rights? Contact us now at (415) 539-0422 to speak with an experienced attorney.