How does custody work for an unmarried couple in California? 3 Answers as of November 01, 2010

We are splitting and we were never married. Does he have to do the paternity? They told us that at the court office but we know he is the parent?

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Diana K. Zilko, Attorney at Law
Diana K. Zilko, Attorney at Law | Diana K. Zilko
Even though there is no dispute as to who the father and mother of a child are, the court will still require that a Paternity case be filed. Once filed, the court can then issue orders regarding custody, visitation, and support.

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Answer Applies to: California
Replied: 11/1/2010
Goldberg Jones
Goldberg Jones | Zephyr Hill
Yes, the action would be a paternity case. But if you both agree he is the father, there is no need for a DNA test. It is just red tape and paperwork. After that it is time to determine the parenting plan. In other words, when does the child sleep at your home and when at dads home.
Answer Applies to: California
Replied: 10/31/2010
The English Law Firm
The English Law Firm | Robert English
In order to have court orders, one of you would need to file an action under Uniform Parentage. You can stipulate to paternity, but it is done through the action.
Answer Applies to: California
Replied: 10/30/2010
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