Who has custody of a child born to an unwed mother in California?

Question

I'm an unwed mother, have a five month baby, do have custody of my baby?

Answer 1

You have physical custody, but that doesn't mean the father doesn't have any rights, including the right to visitation and possibly shared custody. He could take you to court, establish paternity and let a judge decide. If he want nothing to do with the child he could sign papers relinquishing all rights. You really need a lawyer.

Answer 2

Yes. The mother automatically has custody. If the father wants any type of custody or visitation, he should go to court and get it in writing. Don't let him take the baby without paperwork to spell things out.

Answer 3

Yes the mother automatically has custody unless someone gets a court order stating something else.  It doesn't matter if you are married or not it is still your baby.

Answer 4

the mother duh

Answer 5

Of course you are! Daddy doesn't have milk in his b*****s!

Answer 6

You do, but if you put the fathers name on the birth certificate and he has consented that it is his child then you both do.

Answer 7

I do.

If the father were in the home, I would not know the law on that.  However, in my case the father is not in the home, so legal and physical custody default to me.

Hope that helps!

Answer 8

Who is on the birth certificate? If you are not married and had the baby without the father present or on the birth certificate, you are the legal parent with sole custody. If the father is on the birth cert, he might technically be entitled to equal custody unless he signed something to waive his rights. you should check with your local laws and stuff.