A Paternity Action needs to be filed to determine the custodial rights of unmarried couples over minor children. This action is entitled Petition to Establish Parental Relationship. In addition to custodial rights, the courts have jurisdiction to determine child support.

Any man who is accused of being the father of a minor child in California is entitled to a DNA test to prove his fatherhood. The custodial rights of parents in a Paternity Action is similar to other family actions that deal with child custody in that the courts look at the best interest of the child in awarding custody and visitations.