Child Custody Battles Between Unmarried Parents

Unmarried parents’ child custody battles raise a lot of questions. When the parents are not married, who has legal custody of the child? If there are no court orders, who has custody of the child? If a father’s name appears on the birth certificate, what rights does he have? What are the rights of an unmarried father or mother? When it comes to child custody conflicts between unmarried parents, these are frequently asked questions.

What Are the Rights of an Unmarried Father?

Unwed fathers do not have a legal right to see their children without a court order. Furthermore, when a child is born to an unmarried woman, the unwed father is not automatically presumed to be the biological father of the kid. The father has no say in whether the mother may carry the child to term and give birth, or if the pregnancy should be terminated early, according to binding Supreme Court precedent. By law, it is entirely up to the mother to make the decision.

When the parents are not married, who has legal custody of the child?

If the parents are not married, the mother has legal custody of the kid immediately and presumptively (Sole & Physical). Unmarried fathers do not have legal custody or visitation rights. Custody or visitation rights can only be requested by a legal parent. Only a formal paternity case can be filed and litigated in a court of law to obtain those rights.

The father is unable to see his child unless there are custody orders in place. The mother cannot recover child support payments from the biological father if there are no custody orders in place. If a kid is born during a marriage, however, both the mother and father have legal custody of the child from the moment of birth.

Unmarried Fathers’ Custody and Visitation Rights

To obtain child custody or visitation rights for his child, an unmarried father must first establish paternity. Paternity is usually established after the infant is born, when the father completes his portion of the birth certificate form. In the event that this does not occur, dads can always fill out a Voluntary Acknowledgement of Paternity Form. This is a legal document that proves paternity and can be used to add the father’s name to the child’s birth certificate.

If the mother questions his paternity, the father can file a lawsuit and ask the court to establish paternity, or he can contact a state agency such as the Child Support Enforcement Division.

Once paternity is established, an unmarried father has the same rights as a married parent.

This is usually not a major deal for unmarried couples who live together, but it becomes a much bigger deal for unmarried couples who do not live together. If you are an unmarried father who does not live with your children, you must apply the court for custody of your child (ren).

If at all feasible, the mother and father should strive to reach an amicable parenting agreement that the court will most likely approve. The majority of paternity and child custody agreements will be rubber-stamped by the Court as long as they are truthful and accurate.

When a father’s name appears on a birth certificate, what rights does he have?

A father who has his name on the child’s birth certificate has some limited rights. To further understand how to perfect such rights, you should speak with a licensed attorney.

Unmarried Mothers’ Custody and Visitation Rights

According to Community Legal Aid, “an unmarried mother who gives birth to a child immediately obtains custody of the child.”

This statement presupposes that you and the father have never married, that you were not married when the kid was born, and that there have been no previous court decisions granting anyone else custody or visiting rights to the child.

Legal custody is granted to an unmarried mother without the need to go to court. Unmarried moms enjoy all of a parent’s rights, including:

• The right to decide who can see the child and for how long
• The right to limit visitation or remove the child from the state
• The right to enroll their child(ren) in school
• The right to obtain medical treatment for the child
• The right to receive public benefits for the child

Other Considerations for Child Custody and Visitation Rights by the Court

The court will assess what is in your child’s best interests (ren). In an ideal world, both the mother and the father would be actively involved in the child’s upbringing.

The court may also take into account the following factors:

• Dealing with Child Custody Issues for Parents Who Live Together but Aren’t Married
• Each parent’s financial condition
• Where each parent resides
• Each parent’s moral character
• Dealing with Child Custody Issues for Parents Who Live Together but Aren’t Married

Unmarried parents who live together confront distinct challenges than married parents. Common issues that parents who are not married must address when living together include ensuring your child qualifies for insurance and government benefits, proving paternity, parental rights in places like medical facilities and schools, choosing your child’s last name, and claiming your child on tax returns.

What If I’m the Legal Parent of My Partner’s Child?

You are a non-legal parent if you are the parent of your partner’s child, and you may not be able to make key decisions for your partner’s child. The legal parents are the only ones who have precedence in these matters. Formally adopting the child or obtaining in loco parentis status via a court order is the greatest approach to be involved in key decision-making for the child.

Considerations for Unmarried Parents Regarding Child Support

Even if they are not married, non-custodial biological parents must pay child support until their children reach the age of 18. If the child is unmarried and a full-time high school student, however, child support obligations continue until the age of 19. If an unmarried woman wants to receive child support, she must first establish paternity through legal means. The father can choose to cooperate freely, or the woman can sue to establish paternity through DNA testing. In a voluntary case, the father will be ordered to submit to DNA testing by the court. If paternity is proven through a DNA test, the court will issue a child support order requiring the father to pay child support until the kid graduates from high school or reaches the age of 19, whichever comes first.

If you’re not married, who should claim your child on your taxes?

If they are not married, only one parent can claim their child(ren) on their taxes. In general, the child should be claimed on the tax return of the parent with the highest income. Furthermore, the parent with whom the child spends the most time should be the one to claim the child as a dependent. It’s also worth noting that a parent who receives child support cannot claim it as income. Parents who pay child support cannot deduct the amount they pay from their taxes. Child support is usually a money exchange between parents that is tax-free.

What Happens If the Parents Aren’t Married and Live in Different States?

When unmarried parents live in different states, child custody decisions are made using the best interests of the kid criteria. The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) has been established in most states, including Arizona, to help streamline custody disputes across the country.

The child’s “home state” is the court with jurisdiction in this case. “The state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately prior to the commencement of a child custody proceeding, including any period during which that person is temporarily absent from that state,” according to Legal Resource Center.