Children out of Wedlock

 

WHAT DO I NEED TO DO IF I HAVE A CHILD, BUT I AM NOT MARRIED?
It is very important to have court orders with the father of the child, even if you are still happily living with the father and child.  The reason for this is that California does not recognize common law marriages (relationships in which a man and a woman live together as if married, but are not married).  In these relationships, paternity is not established with the courts.  Issues such as custody, visitation and support for the child are also not addressed.  These issues need to be addressed so that there is a clear understanding with regard to the care of children.  If there are no court orders, then a Paternity Action should be prepared which would address custody, visitation and support for the child.  If this action was already prepared and one or other parent wishes to make a change, then an Order to Show Cause would need to be filed with the court (and the other parent served) so that changes to the original order can be made.  This is often done when custody, visitation and /or support need to be reexamined due to a change in circumstance.  Some changes could be the loss of a job, change in employment or a possible change in ability to parent.

 

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