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Hi everyone, welcome to another Family Law Matters. I’m Dr. Michael Mantell, joining Bonnie Rabinovitch-Mantel, owner and managing partner of the Primus Family Law Group here in San Diego. Hi, Bonnie.

Hi, Michael. How are you doing today in this wonderful San Diego weather? Beautiful. We are so, so fortunate and blessed to be living here in San Diego.

Okay, so Bonnie, the topic today has to deal with the rights of unmarried parents. Couples who have been living together, they have children, as that happens, they’ve been together for a period of time, raising the kid together, kids together, and they decide, no, this is not working out, time to move on. What rights do these people have as parents, as individuals, and going through this separation? Not divorce, because they’re not really married.

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Correct. So, when couples break up that have children, the couple has the same rights to those children as if they were married. So, custody and visitation can be mediated, can be litigated, it goes through the same process.

File a petition for custody and visitation, go to Family Court Services if you’re in San Diego County, have the judge hear your matter, make orders. That is the same thing, custody, visitation, child support. Here’s where it differs.

The parties themselves are not entitled to spousal support because they were never married. And if they own any property together, that’s a civil action, not a family law action. Mm-hmm.

Because they’re not married. So, we can resolve their children, we can resolve child support. If they come to an agreement how to divide their stuff, that’s fine, we can include that.

But if they’re going to argue, for example, about the house, that’s a civil matter. What happens, though, if they separate, they’ve agreed there’s going to be child support payments, whoever’s going to be responsible, he or she, or case of a couple, same-sex couple, whatever it may be. What happens if one of those people decides to begin living with someone else or marry someone else? That’s the same thing if you’re married and you break up and you go and you find a new significant other.

Now we’re just hoping it’s a step-parent, hoping they’ll have those issues. But the parents are still the parents, and they’re still responsible for these children. And so it’s the same rules whether or not they’re married.

So, child support continues if the other parent gets married? Yes, that new person’s income has absolutely no bearing on child support. Unless that couple makes a decision on their own that, okay, I’m married to this person now, and we have income, you no longer have to give me money for the child. That never happens.

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I was just going to say that. We’re never going to hear that. But if people have, I’m sure there are many other questions and nuances to this sort of situation, and it’s not uncommon.

This happens more and more. People have questions. How can they be in touch to get more information as they move forward in their life through this? They can reach us directly, 619-574-8000.

We’re located in the heart of Mission Valley, and we have easy access to all the courthouses. Or you can reach us online at www.PrimusFamilyLaw.com. You will be put on my calendar, one of my other amazing attorney’s calendar, for a free 30-minute telephone or Zoom consultation.