If it is determined that a person is the legal parent of a child, that person MUST provide financial support to that child. If a legal parent does not provide for their child, they are committing a crime. A legal parent may also obtain custody and/or access rights for the child. In some cases, if the transfer of custody to one of the parents may cause harm to the children, the court may transfer custody to another person if it was in the best interests of the children. If a person who is not the parent applies for custody of the children because the parents cannot care for them, it is usually referred to as “guardianship.” Click here for information on guardianship. Sometimes a judge grants joint custody to the parents, but not joint custody. This means that both parents share responsibility for important decisions in their children`s lives, but they live with 1 parent most of the time. The non-custodial parent usually has access to the children. In some cases, the judge may appoint a custody assessor to conduct a custody assessment and recommend a parenting plan.
A parent may also request an opinion, but may be refused. Parents may also have to pay for the exam. If they are unable to reach an agreement with the other parent, the judge will send them to mediation, and a mediator from Family Court Services or another court program will assist them. If, despite mediation, you still disagree, you and the other parent must meet with the judge. As a rule, the judge then decides on the hours of custody and visitation. Click here to learn more about mediation in custody cases. Once filiation has been established, the court can issue orders for family allowances, health insurance, custody, visitation (parental leave), change of name and reimbursement of pregnancy and childbirth expenses. If no parentage is established, the court cannot make orders on these matters.
Thus, if 1 parent needs child support and the other parent does not voluntarily pay it, the court cannot order child support until filiation is established. In general, if a man is told that he is the father of a child, he has the right, if he is not quite sure that he is the father, to request a genetic analysis (DNA) to know with certainty if he is the father. DNA is the biological material that determines a person`s physical characteristics. It is found in almost every cell in the body, and each person`s DNA is unique. Part of a person`s DNA code is inherited from the mother. Another part of the DNA code is inherited from the father. Therefore, by comparing the DNA code of a father, mother and child, the paternity relationship can be established. Because saliva contains DNA (just like the rest of the body), a DNA sample can be obtained from a person by carefully rubbing a sterile cotton swab (like a Q-Tip) inside their mouth.
Controversial cases of custody or visitation, i.e. when parents cannot get along, are complicated. To find out how the law may affect you and how it may affect your rights, talk to a lawyer. Click here if you need help finding a lawyer. In California, any parent can have custody of the children, or custody can be shared. The judge is the one who makes the final decision on custody and visitation, but usually approves a proposal (parenting plan) from both parents if they have previously consented to it. If the parents cannot agree, the judge makes the decision at a hearing. In general, the judge will not make a decision on custody and visitation until the parents have met with a mediator from the family court department. Establishing filiation (paternity) means obtaining a court order or formally signing a declaration of ancestry (paternity) indicating who the legal parents of a child are. For example, if a child`s parents were not married when the mother became pregnant or when the baby was born, she will not have a legal father until filiation is established. Although a father can prove that he is the biological father of a child, if he has never been married to the mother, he will have no legal rights or responsibilities for the child. Therefore, filiation must be legally justified.
Even if 1 of the child`s biological parents does not have money or employment to support their child, or does not want to be involved in their child`s life, it is still convenient to establish parentage. The benefits for a child of establishing filiation go beyond the above-mentioned issues, such as economic aspects. For example, the child may get support or health insurance later if the other parent gets a job or is in a better financial situation. “Visit” (also called “timeshare”) is the plan that explains how parents will share their children`s time. The non-custodial parent usually has access to the children. Visiting assignments can vary widely, depending on child welfare considerations, parental circumstances, and other factors. In general, the hearing can be as follows: if the parents share custody, they both have the right to make decisions about these aspects of their children`s lives, but they do not have to agree on all decisions.