Child custody and child support question

[Heather Hawke]

Jurisdiction

California

We were never legally married (despite having a formal wedding we didn't file paperwork). We went through IVF last summer and are due in the spring. We both signed paperwork at the clinic that we are the legal parents (genetically) and both paid for the cost equally. We are now in the process of separating and not sure how to proceed with child support and custody arrangements since we aren't married but currently live together. I am not asking for financial support outside of child support and want a fair custody arrangement. We do not want to create any upheaval and want to make this split fair and amicable for the sake of our child.

 

[army judge]

We were never legally married (despite having a formal wedding we didn't file paperwork). We went through IVF last summer and are due in the spring. We both signed paperwork at the clinic that we are the legal parents (genetically) and both paid for the cost equally. We are now in the process of separating and not sure how to proceed with child support and custody arrangements since we aren't married but currently live together. I am not asking for financial support outside of child support and want a fair custody arrangement. We do not want to create any upheaval and want to make this split fair and amicable for the sake of our child.

Nothing can be done until the baby has been born.

The birth mother is vested with all parental rights when a child is born out of wedlock.

The other parent will need to go to court and establish paternity, if the person is a male.
Once HE has established paternity via DNA testing, a child support order and a visitation schedule can be crafted and presented to the court for approval.

If the other person is a FEMALE, that area of the law is new and evolving in the US.

It would behoove BOTH of you to retain your own attorney and work out whatever details you desire.

If the other person isn't a male, and she backs out of supporting the child, it could get very interesting for the person who gives birth to the baby.