Parental Rights in California: How They Begin and End

You watch your child take their first steps, speak their first words, and grow day by day. Then life takes an unexpected turn—perhaps a divorce, a custody dispute, or questions about legal authority over your child’s future. Suddenly, you need to know exactly what rights you have as a parent in California.

Understanding your parental rights isn’t just about legal technicalities—it’s about protecting your relationship with your child and ensuring you can guide their future. 

Let’s explore what parental rights mean in California, how they’re established, and how courts make decisions that affect families like yours.

What Are Parental Rights in California?

Parental rights in California refer to a parent’s legal authority and responsibility to care for and make decisions about their child’s well-being. They form the legal foundation of your relationship with your child. 

These rights are primarily governed by state law, but they are also recognized as fundamental rights under the U.S. Constitution. In the landmark case Troxel v. Granville (2000), the Supreme Court affirmed that a parent’s right to make decisions about their child’s upbringing is a fundamental liberty protected by the Fourteenth Amendment.

California Family Code builds on this constitutional foundation through sections that outline specific parental rights. Under Family Code § 3020, the law recognizes that children benefit from frequent and continuing contact with both parents after separation or divorce, while also acknowledging that the health, safety, and welfare of children must be the court’s primary concern.

Your Parental Rights In California Include:

Right to make educational decisions

You can choose your child’s school, educational approach, and participate in their academic development. California Education Code § 51101 specifically guarantees parents’ rights to be informed about their children’s education and participate in school activities.

Right to make healthcare decisions

You have the right to consent to medical treatment, access health records, and make healthcare choices for your child. This includes routine care, emergency treatment, and decisions about medications or procedures.

Right to determine religious and cultural upbringing

You can guide your child’s spiritual development, religious practices, and cultural connections without government interference. This right stems from both First Amendment protections and parental authority recognized in case law.

Right to physical custody and parenting time

You have the right to maintain a relationship with your child through physical time together. The law recognizes the importance of continuing contact between children and parents.

Right to legal custody and decision-making authority

You have the authority to make major decisions affecting your child’s welfare, education, health, and development.

Right to manage your child’s property and finances

You can make financial decisions affecting your child, including managing any money or property belonging to them until they reach adulthood, but they must act as fiduciaries, managing assets in the child’s best interest. 

Right to name your child and authorize name changes

You have the right to choose your child’s name at birth and participate in decisions about name changes. Any name change for a minor generally requires parental consent.

Right to travel and relocate with your child

Parents have the right to travel with their children, though relocation that affects custody arrangements may require court approval or the other parent’s consent.

Right to consent for your child’s activities and legal matters

You can provide or withhold consent for your child’s participation in activities, contracts, and legal matters. Family Code § 6700-6701 addresses minors’ capacity to contract and the role of parental consent.

Right to receive support in parenting

Parents have the right to seek child support from the other parent to assist with raising their child.

Right to appoint guardians and plan for your child’s future

You can designate guardians for your child in the event of your death or incapacity through a will or other legal documentation as recognized in Probate Code § 1500-1502.

Right to due process in parental rights proceedings

Before the state can interfere with your parental rights, you’re entitled to notice, a fair hearing, and other procedural protections. These due process rights were emphasized in Santosky v. Kramer (1982), which established the “clear and convincing evidence” standard for terminating parental rights.

While these rights are fundamental, they can be limited by court orders when necessary to protect a child’s welfare. No right exists in isolation—each comes with corresponding responsibilities to provide care, support, and proper supervision.

Establishing Parental Rights in California

The process of establishing parental rights differs based on your family situation:

Parental Rights Of Married Parents

For married couples, both spouses automatically gain parental rights when a child is born during the marriage. Under Family Code § 7540, the law presumes that a child born to a married woman is the child of her husband. This is known as the marital presumption of parentage and applies even when the husband is not the biological father, offering important protections for non-biological parents in a marital relationship.

However, there are exceptions, particularly in cases involving assisted reproduction or surrogacy. In those situations, parentage may need to be legally established through a court process or written agreement, regardless of marital status. 

For example:

• In surrogacy, intended parents must usually obtain a judgment of parentage.
• In same-sex marriages, the non-biological parent may be required to establish parental rights through a voluntary declaration of parentage or court order, depending on the circumstances.

While the presumption under § 7540 is strong, it can be challenged within a limited timeframe and under specific conditions.

Parental Rights Of Unmarried Parents

For unmarried parents, the path is more complex. When a child is born to an unmarried mother, she is presumed to have sole custodial rights unless and until paternity is legally established. However, this does not mean she has court-ordered custody. Once paternity is established, either parent may request a custody or visitation order, and the court will decide based on the child’s best interests. 

Unmarried fathers must take proactive steps to secure their rights.

California Family Code § 7570 recognizes the importance of establishing paternity, stating that there is a compelling state interest in establishing paternity for all children. Fathers can establish paternity by:

• Signing a Voluntary Declaration of Paternity (usually at the hospital when the child is born)
• Filing a paternity action in court
• Participating in genetic testing ordered by the court

Once paternity is established, an unmarried father gains the same parental rights as any other parent. Without this legal recognition, a biological father has no standing to exercise parental rights, regardless of his connection to the child.

California also recognizes parentage beyond biology. Under the Uniform Parentage Act (Family Code § 7600-7730), California acknowledges that someone who has acted as a child’s parent can be recognized as a legal parent, even without biological ties.

Parental Rights During Family Changes

Family transitions like separation and divorce create uncertainty about parental rights. During these periods, both parents retain their legal rights until a court orders otherwise.

If you’re separating from your child’s other parent, remember that parental rights don’t automatically change. Both parents can still make decisions for their children and maintain their relationships. However, this shared authority often creates conflict when parents disagree.

Creating a temporary parenting plan, even informally, can provide stability during this transition. Document all time spent with your child and maintain communication about your child’s needs, avoiding negative comments about the other parent, especially in front of your child.

Family Code § 3022 authorizes courts to issue temporary orders during divorce proceedings. These orders address parenting arrangements until final determinations are made. While temporary, these arrangements often influence final decisions since courts value stability for children.

Even during separation, both parents generally retain the right to access their child’s records, attend school functions, and participate in medical decisions unless a court order specifically restricts these rights. Family Code § 3025 protects a parent’s right to access records regardless of whether that parent has custody.

How Custody Affects Parental Rights

While parental rights establish your legal relationship with your child, custody orders determine how those rights are exercised in practice.

Legal Custody and Decision-Making

Under California Family Code § 3003, joint legal custody means both parents share the right to make important decisions about the child’s education, healthcare, religion, and welfare. 

When a court awards sole legal custody under § 3006, only one parent has the authority to make these decisions, even if the other parent has physical time with the child.

Physical Custody and Access

Physical custody refers to where the child lives. A parent may have sole or joint physical custody, but this does not automatically control legal decision-making authority.
A parent with limited or no physical custody may still retain legal rights, but only if they share joint legal custody. If a parent does not have legal custody, they cannot make major decisions about the child’s care, even if they have visitation or parenting time.

Circumstances That May Limit or Terminate Parental Rights

While California law favors children maintaining relationships with both parents, certain circumstances can lead to limitation or termination of parental rights.

Courts may restrict parenting time or require supervision when there’s evidence of:

• Domestic violence or child abuse
• Substance abuse that affects parenting ability
• Serious mental illness that impacts child safety
• Child neglect or abandonment
• Criminal activity that endangers the child

Termination of parental rights is the most severe action and usually occurs only in extreme circumstances. It permanently ends all legal rights and responsibilities of parenthood, including the obligation to pay child support.

The standard for terminating parental rights is high, requiring clear and convincing evidence that termination serves the child’s best interests. Parents facing potential termination have the right to legal representation, and if they cannot afford an attorney, one may be appointed.

Protecting Your Parental Rights

Knowledge forms your first line of defense when it comes to parental rights. Understanding what you’re entitled to under California law positions you to advocate effectively for yourself and your child.

Documentation provides your second protection. Family courts rely heavily on evidence rather than assertions. Maintain records of your involvement in your child’s life, communication with the other parent, and any interference with your parental rights.

When disagreements arise, consider mediation before litigation. California Family Code § 3170 requires mediation in most custody disputes. Resolving issues collaboratively often leads to more sustainable solutions than court battles.

If you need court intervention to enforce your rights, be specific about what you’re requesting. Vague complaints about the other parent’s behavior are less compelling than documented examples with dates, times, and contexts.

When You Might Need Help

It’s hard to think clearly when your role as a parent feels uncertain. Maybe you’re trying to establish paternity. Maybe your parenting time is being blocked. Maybe you’re in the middle of a separation that’s getting more combative than you ever imagined. Whatever the situation, it’s a lot to carry on your own.

This is where we come in.

At Provinziano & Associates, we know how personal these cases are. We’ve spent years helping parents protect their place in their children’s lives—and we understand the pressure you’re under. Whether you’re just starting the process or you’re already deep in it, our guardianship attorneys will help you take the next step with a clear plan and the legal protection you deserve.

Call us at 310-820-3500 to schedule a case evaluation. Your relationship with your child is worth fighting for—and we’re ready to help.

Disclaimer: This blog is for general informational purposes only and does not constitute legal advice or create an attorney-client relationship. Every family law case is unique, and outcomes depend on individual circumstances. Legal representation with Provinziano & Associates is established only through a signed agreement.

For personalized advice, please contact our team at 310-820-3500 to schedule a case evaluation.