How Can I Get Parental Rights in California if We're Not Married?

When a child is born to unmarried parents in California, the legal landscape looks very different from what married couples experience. If you are worried about your right to be involved in your child's life, or you want to understand your responsibilities, this guide will walk you through every step: what parentage means, how to establish it, and what to do if the other parent is not cooperating.

What is a parentage or paternity case?

A parentage case (sometimes called a paternity case) is a court proceeding that legally determines who a child's parents are. When parents are married at the time of a child's birth, California law presumes the spouse is a legal parent. That presumption does not exist for unmarried couples.

Until parentage is legally established, a child born to unmarried parents has no legal father or second parent on record. That means no enforceable right to custody or visitation, no obligation to pay child support, and no access to benefits like inheritance or Social Security. The biological connection matters, but it is not enough on its own. California Courts' self-help guide on parentage is explicit: a court cannot make custody, visitation, or child support orders until at least one of the parents is legally recognized.

These cases come up in a wide range of situations: a couple that never married, same-sex partners, individuals who separated before the child was born, and situations involving sperm or egg donors. The process for all of them starts in the same place: establishing who the legal parents are.

How to establish parentage in California

There are three main paths to establishing parentage in California. The right one for you will depend on whether both parents are willing to cooperate.

Here is a breakdown of each option:

• Voluntary Declaration of Parentage (VDOP). Both parents sign form CS-909, typically offered at the hospital when the baby is born. Once filed with the California Department of Child Support Services (DCSS), it carries the same legal weight as a court order and allows the parent's name to be added to the birth certificate. As of January 2025, the VDOP can also be completed through a secure online portal maintained by the DCSS. Important: once 60 days have passed since filing, the VDOP can only be rescinded under limited circumstances such as fraud or duress.
• Local Child Support Agency (LCSA) assistance. Either parent can contact their county's child support agency and request help establishing parentage. This is a free service available through the California DCSS, and it can be initiated even before the child is born. The agency may arrange voluntary acknowledgment or, if needed, move the case toward court.
• Court petition (Petition to Establish a Parental Relationship). If the other parent will not cooperate or disputes parentage, either parent, the child's guardian, or the LCSA can file a petition with the family court. The court may order genetic testing. If a test shows a 99% or higher probability of biological parentage (which is the standard), the court will issue a judgment of parentage. Missing a scheduled genetic testing appointment without notifying the court can result in the judge entering a default parentage order.

Note that having a parent's name on a birth certificate alone does not automatically create legal parentage in California. A signed VDOP or a court order is required to make parentage enforceable. For more detail on the court petition process, California Courts' Self-Help Center offers step-by-step guidance in both English and Spanish.

What rights does establishing parentage give you?

Once parentage is legally established, both parents gain a full set of rights and responsibilities toward the child. These include:

• The right to seek custody and visitation. A legal parent can petition the court for a parenting plan that includes both physical and legal custody, giving them a say in where the child lives and in major decisions about education, healthcare, and religion.
• The child's name on the birth certificate. If the VDOP is signed before the birth certificate is issued, both parents are listed. If it is signed later, an amended certificate can be issued.
• Access to medical records and health history. A legal parent has the right to receive information about the child's medical care and make healthcare decisions.
• The child's right to financial benefits. This includes inheritance rights, Social Security benefits, veteran's benefits (if applicable), and health insurance coverage through either parent's plan.
• Child support obligations. Both parents are financially responsible for the child once parentage is established. California uses an income-based formula to calculate the amount. A parent who does not pay court-ordered support faces serious legal consequences, including wage garnishment, license suspension, and in some cases, criminal penalties.

It is worth noting that establishing parentage comes with both rights and duties. A parent who gains the right to seek visitation also takes on the responsibility to support the child financially. These cannot be separated.

How to request custody and visitation orders

Once parentage is established, the next step is getting a formal custody and visitation order. Without a court order, there are no enforceable rules about when each parent can see the child. If the other parent withholds access, you have no legal remedy without that order in place.

• File a petition with the family court. You can include custody and visitation requests in the same parentage petition, or file separately once parentage is already established. The court will consider what arrangement serves the child's best interests.
• Expect limited initial orders for newborns. When the child is very young, courts often start with shorter, more frequent visits rather than extended overnight stays. If the mother is breastfeeding, the court will typically factor that into the early schedule. This is temporary, not permanent.
• Consider mediation. California courts require parents to attempt mediation before a judge decides contested custody issues. Mediation can be a faster and less adversarial path to a parenting plan that both parents can live with.
• Follow the order exactly once it is in place. A parent who violates a custody or visitation order can be held in contempt of court. Contempt is punishable by fines and jail time in California. Document any violations carefully.

The court's only standard in custody decisions is what is best for the child. Consistency, involvement, and cooperation with the other parent all factor heavily into those decisions. If you are working toward a healthy co-parenting relationship even in a difficult situation, that effort will be visible to the court and to your child.

Practical steps before and after the birth

If the other parent is not speaking to you right now, or has made clear they do not want you involved, that is painful. It does not have to be permanent. There are concrete things you can do right now to protect your relationship with your child.

Before the child is born, try to stay in contact in a calm, respectful way. Ask about prenatal appointments. Offer to help with expenses and keep receipts for everything. Written communication creates a record that can demonstrate your commitment to being involved. Reach out to family members if that feels more accessible than direct contact. Every act of good faith matters.

Once the child is born, act quickly. Try to sign the VDOP at the hospital. If that is not possible, contact the DCSS or consult with an attorney about filing a parentage petition. California law gives biological fathers meaningful rights, but those rights require prompt action to exercise. A father who delays pursuing legal parentage may find it harder to challenge decisions made in the meantime.

If you are the parent who is pregnant or has recently given birth and you want child support established, know that you do not have to pursue the court on your own. Your county's local child support agency can open a case on your behalf at no cost. For additional options on on-demand legal advice, Hello Divorce connects you with California-licensed attorneys by the hour, with no retainer required.

Want guidance on your parental rights situation?

Our team can help you understand where you stand and what to do next, whether you are trying to be involved in your child's life or establish support.