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I am considering ending a relationship with a father of my unborn baby. What rights will he have for custody and child support?

Mission Viejo, CA |

Ever since he found out I was pregnant, he's been pushing for us move in together and get married. This pregnancy was a complete surprise to both of us but now I have doubts about why he is pushing for this. I don't intend on getting married to him and I am having second thoughts about moving in together as well. What are some things I need to start planning or thinking about now to make sure I am prepared to have full custody and get child support? I am open to sharing custody because he is still the father but I want to be aware of the legal consequences if we do break up or decide to work it out and move in with will this affect my baby?

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Attorney answers 2


You both have equal rights to custody and visitation. If you and father cannot agree, court will issue order in best interests of child. Child support will be based on income and expenses of each party and time child spends with each.

You and baby's father will have 18 years of parenting this child. The better the two of you get along and act in child's best interest the better life will be for all 3 of you.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.


The decision to stay together is up to you, however, if you two break-up and he moves out or you move out, you two have the option of working out a custody/visitation schedule for the child. If you cannot work this out, then either has the option to initiate a paternity case with the court and request custody/visitation orders and child support. Child support is based on time spent with child and income of the parties. You can open a case with the department of child support services to begin the process of asking for support from him, but they do not make custody orders.

Disclaimer: This answer does not constitute legal advice, and should not be relied upon as such. Each situation is fact specific and therefore any legal evaluation may vary. Please note it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents at issue. This answer does not create an attorney-client relationship.