Can you lose custody for not co-parenting?

Can you lose custody for not co parenting? Yes — courts view failure to support the child's relationship with the other parent as a significant negative factor. Persistent alienation or interference can result in custody modification.

How can I get full custody in California?

How to get full custody — both sole physical and legal custody — requires demonstrating that joint custody would be detrimental to the child. This typically requires evidence of domestic violence, substance abuse, or severe parenting deficiency by the other parent.

Can a parent voluntarily give up custody?

Reasons to voluntarily give up custody are complex and should be evaluated with an attorney. California courts do not permit parents to simply waive custody to avoid child support — a formal court proceeding and finding that it serves the child's interests is required.

Common Law Marriage and Domestic Partnership in California

Is Common Law Marriage Legal in California?

Is common law marriage legal in California? No. California does not recognize common law marriage under any circumstances, regardless of how long a couple has lived together, how they hold themselves out to the public, or how intertwined their finances and lives have become. Is common law marriage recognized in California? Only if it was validly created in another state. California Family Code section 308 provides that a marriage contracted outside California that was valid under the laws of the place where it was contracted is valid in California. So a couple who validly established a common law marriage in Texas -- where common law marriage remains available -- will have that marriage recognized if they move to California. But two people who have lived together in California for 20 years without a marriage license are not married under California law, period.

Is cohabitation a common law marriage in California? No. Cohabitation in California, regardless of its duration or the nature of the relationship, does not create a marriage. There is no amount of time that converts a cohabiting relationship into a legal marriage in California. This is a common misconception that leads to serious financial consequences when long-term cohabiting relationships end -- particularly for the economically dependent partner who assumed they had the legal protections of a spouse.

Rights of Unmarried Couples in California

What rights do unmarried couples have in California at the end of a relationship? The direct answer is: almost none that arise automatically from the relationship itself. California community property law applies only to married spouses and registered domestic partners. An unmarried cohabitant has no automatic claim to the other partner's income earned during the relationship, no automatic right to property acquired during the relationship in the other partner's name, and no right to spousal support upon separation regardless of the length of the relationship or the economic dependency that developed.

A cohabitation agreement California couples can enter into is the primary tool for creating the rights and protections that marriage and domestic partnership provide automatically. A cohabitation agreement is a written contract between two unmarried people specifying how they will handle finances, property, and support obligations during the relationship and upon separation. A properly drafted California cohabitation agreement can provide for property sharing, support obligations upon separation, and many other protections that California law does not extend automatically to unmarried couples. Without a cohabitation agreement, an unmarried partner who contributed financially to the other partner's career, education, or asset accumulation may have remedies only under general contract law theories -- such as implied contract or quantum meruit -- which are difficult to prove and provide uncertain results.

California Registered Domestic Partnership

California registered domestic partnership provides unmarried couples -- both same-sex and opposite-sex couples meeting the eligibility requirements -- with virtually all the rights and responsibilities of marriage under California state law. How to register as domestic partners in California: both partners must file a Declaration of Domestic Partnership with the California Secretary of State and pay a filing fee. No ceremony is required. The Declaration is available on the Secretary of State's website at sos.ca.gov.

Who is eligible for a California registered domestic partnership? Both parties must be at least 18 years old (or minors with parental or court approval), not currently married or in another domestic partnership, not closely related by blood, and sharing a common residence. For opposite-sex couples, at least one partner must be 62 years of age or older -- unless both parties are of the same sex, in which case no minimum age above 18 applies. This age requirement for opposite-sex couples reflects the historical origins of domestic partnership as a mechanism to provide Social Security and pension benefit protection to older opposite-sex couples who did not wish to remarry after a prior marriage ended in the death of a spouse.

Rights of Domestic Partners in California

California domestic partnership rights under state law are substantially equivalent to marriage rights. Domestic partners have community property rights over income and property acquired during the partnership; the right to make medical decisions for an incapacitated partner; the right to inherit from a partner who dies without a will under California intestacy law; the right to family and medical leave for a partner's serious health condition; the right to adopt a partner's child using the stepparent adoption process; and the right to spousal support upon dissolution of the partnership. California domestic partners also have the same parental presumption rights as spouses -- a child born to or adopted by one domestic partner is presumed to be the child of both partners.

What is a domestic partner in California distinguished from a spouse for federal purposes? Federal law does not recognize California domestic partnerships. Domestic partners do not file joint federal income tax returns, are not eligible for Social Security spousal or survivor benefits based on the partner's earnings record, cannot be covered as a spouse under most federal employee benefit programs, and cannot sponsor a partner for immigration purposes. Spouse vs domestic partner for federal purposes is therefore a significant distinction. Same-sex married couples -- who have full federal recognition since the Supreme Court's Obergefell v. Hodges decision in 2015 -- have access to all federal spousal benefits that domestic partners do not.

How to Dissolve a California Domestic Partnership

Dissolution of domestic partnership California follows the same process as divorce. A Petition for Dissolution of Domestic Partnership is filed in the Superior Court, the same California Judicial Council forms are used (FL-100 series), the same residency requirements apply, the same financial disclosure obligations apply, and the same community property division and support rules govern the outcome. The six-month waiting period applies. A summary dissolution of domestic partnership -- similar to a summary divorce for short marriages -- is available for partnerships that: lasted less than five years; produced no children; involve no real property; have total community assets under a specified threshold; and both partners agree on all terms.

Cohabitation Agreement California -- Protecting Yourself Without Marriage

For unmarried couples who choose not to marry or register as domestic partners, a cohabitation agreement is the most important legal document they can have. A well-drafted cohabitation agreement addresses: how jointly incurred living expenses will be shared; how property purchased together or separately will be titled and owned; what happens to jointly titled property if the relationship ends; whether either partner will be entitled to support payments if the relationship ends; how disputes will be resolved (mediation, arbitration, litigation); and other financial arrangements specific to the couple's situation. A cohabitation agreement is a contract and must meet standard contract requirements -- it must be in writing, signed voluntarily without duress, supported by consideration, and not contrary to public policy. Furubotten Law, APC drafts cohabitation agreements for clients in Orange County and Riverside County.

Domestic Partnership and Cohabitation Attorney -- Orange County and Riverside County

Whether you are entering a new relationship and want to protect your interests through a cohabitation agreement, considering registering as domestic partners, or ending a domestic partnership and need help navigating the dissolution process, Furubotten Law, APC can assist. Call (714) 795-3862 for a complimentary initial case evaluation with Denise Furubotten, Esq.

Last reviewed: June 2026 · Author: Denise Furubotten, Esq.

Additional Cohabitation and Partnership Questions

Is California gay marriage legal? Yes. California has recognized same-sex marriage since the California Supreme Court's decision in In re Marriage Cases (2008) and continuously since the U.S. Supreme Court's decision in Obergefell v. Hodges (2015). Same-sex married couples in California have identical rights and obligations as opposite-sex married couples under both state and federal law, including community property rights, spousal support rights, and dissolution procedures.

Five years legally married -- or "does living together for 5 years mean you're legally married?" -- is a common misconception. In California, no length of cohabitation creates a marriage. You are legally married only if you obtained a marriage license and were lawfully married. Living together for 5 years, 10 years, or 25 years does not create a common law marriage in California. Some people believe the "5 year rule" makes cohabitants legally married, but this is false. California does not recognize common law marriage created within its borders.

Married after 5 years of dating -- if you legally married after a long-term relationship, California community property law applies from the date of the legal marriage, not from the date the relationship began. Property accumulated during the years of cohabitation before marriage is generally separate property unless a cohabitation agreement or joint titling created shared rights during that period.

Rights of unmarried couples who separate: when an unmarried cohabiting couple separates, California law does not automatically divide their property. Each person keeps what is in their name. Shared property -- a jointly titled home or a joint bank account -- is divided according to ownership title. An unmarried partner who contributed to the other's separate property (paying rent toward the mortgage of a home in the other's name, for example) may have a claim under Marvin v. Marvin (1976) contract or equity theories, but these claims are difficult to prove and provide uncertain results. A cohabitation agreement executed during the relationship is far more reliable than a Marvin claim after the fact.

Disclaimer: The information on this page is for general informational purposes only and does not constitute legal advice. Reading this page does not create an attorney-client relationship with Furubotten Law, APC. Consult a qualified California family law attorney for advice tailored to your situation.

Frequently Asked Questions

Is common law marriage legal in California?

No. California does not recognize common law marriage regardless of how long a couple has cohabited. California will recognize a valid common law marriage created in another state that allows it, but cohabitation in California for any length of time does not create a legal marriage.

What rights do unmarried couples have in California?

Unmarried couples in California have no automatic property rights or support rights based on cohabitation alone. They can create contractual rights through a cohabitation agreement, or gain the rights of spouses by registering as California domestic partners. Without these measures, an unmarried partner has no community property claim upon separation.

How do you dissolve a California domestic partnership?

Through the same Superior Court process as a marriage dissolution -- Petition for Dissolution of Domestic Partnership (FL-100 series forms), six-month waiting period, community property division, support orders, and custody orders if children are involved. A summary dissolution is available for short partnerships meeting specific criteria.