Child Custody & Child Support for Unmarried Parents

Family Law Team Serving Parents in San Diego County

Not all parents are married when they have children. In today’s society, families take many different forms, and unmarried parents often face the same questions and challenges that divorcing parents do when it comes to raising and financially supporting their children. 

At Andrew J. Botros, APC, we understand the unique legal and emotional concerns that unmarried parents face, and we are here to provide the skilled guidance you need to protect both your rights and your child’s best interests. 

Request a confidential consultation with a San Diego attorney for unmarried parents seeking child custody or child support. Call us at (858) 422-1377 or reach us online for a phone, office, or convenient virtual appointment. 

Challenges You Face as an Unmarried Parent 

When a married couple divorces, custody, visitation, and support orders are part of the divorce process. Unmarried parents, however, must take a different legal path to establish the same rights and obligations. 

Some of the most common challenges include:

• Establishing paternity. If the identity of the child’s father is unknown or disputed, the court must first confirm paternity before issuing custody or support orders. This may involve DNA testing. Alternatively, a biological father can sign a voluntary declaration of paternity at birth, which the court legally recognizes.
• Starting the legal process. Unmarried parents cannot file for divorce to resolve custody or support. Instead, they must initiate a paternity action (a parentage case) through the San Diego Superior Court.
• Custody and visitation disputes. Even without a marriage, both parents have equal rights to seek custody and visitation. Disagreements over where a child will live, how parenting time will be divided, or how decisions about the child will be made can quickly become contentious.
• Child support. Regardless of marital status, both parents are legally required to support their child financially. Determining the correct amount of child support can involve complex factors, including income, parenting time, and the child’s needs.
• Domestic violence concerns. If domestic violence is involved, the court may issue protective orders that include custody and visitation provisions. Domestic violence is always a significant factor in custody decisions, regardless of whether the parents are married or not.

How Our Firm Advocates for Unmarried Parents

At Andrew J. Botros, APC, we know parenting disputes between unmarried parents can be just as complex, sometimes more difficult, than divorce cases. Our firm is prepared to assist you at every stage of the process, including:

• Filing a paternity action. We help clients file the proper petitions to establish custody, visitation, and support rights through the family court.
• Establishing or contesting paternity. We guide clients through voluntary declarations of paternity or court-ordered DNA testing when necessary.
• Custody and parenting plans. We advocate for parenting arrangements that reflect the child’s best interests, considering each parent’s history of involvement, stability, and capacity to meet the child’s needs.
• Child support. We work to achieve fair and accurate child support orders based on California’s guidelines and the financial circumstances of both parents.
• Domestic violence cases. If safety is a concern, we can help you seek protective orders, including custody provisions, or defend against unfair allegations when appropriate.

Our attorneys are experienced in both litigation and alternative dispute resolution. Whenever possible, we help parents resolve disputes amicably through negotiation or mediation, which can reduce conflict and stress for everyone involved. When court intervention is necessary, we provide robust advocacy to protect your rights and secure the best possible outcome for your child.

Protecting Your Child’s Best Interests

Whether parents are married or not, California courts decide custody, visitation, and support based on one overarching standard: the child's best interests. This includes factors such as the child’s age, health, safety, emotional well-being, and each parent’s ability to provide a stable, nurturing environment. 

Andrew J. Botros, APC never loses sight of this guiding principle. Our priority is to help you achieve a result supporting your child’s well-being while protecting parental rights. Our team includes multiple Certified Family Law Specialists who bring exceptional knowledge and skill to resolving cases as efficiently and effectively as possible. 

Call (858) 422-1377 or contact us online to consult a San Diego lawyer for unmarried parents in child custody and child support matters today.