Parental presumption in family law is the belief that custody of a child should be granted to a fit biological parent before someone else who has a vested interest in the child. Presumed parents have the most rights in terms of child custody and visitation. There are exceptions to this rule, however, such as in a case where living with the presumed parent would not be in the child’s best interest. Parental presumption also will not apply to a case where a parent voluntarily forfeits custody, or a court removes custody and gives it to a nonparent.
Both men and women can use parental presumption to protect their custody rights. If you are an alleged parent who wishes to become a presumed parent to increase your custody rights, you can qualify in one of three ways in California.
You sign your name on the child’s birth certificate.
You receive an order from the family court establishing parentage.
You have raised the child like your own.
In these situations, the family court will recognize you as a child’s presumed parent, granting you the parental rights that come with it. You will have the right to the reunification of a relocated child, as well as visitation or custody, depending on the case. If the child is in the foster care system, you will also get special preference when social services place the child. Establishing yourself as a presumed parent can be important if you wish to exercise your parental rights.