BE AWARE!!!! Child Custody between Unmarried Parents Unmarried parents face many of the same legal challenges as married parents when it comes to child custody issues. A major consideration will simply be whether you are the mother of the father of the child. Mothers Primary Right to Custody: The unmarried mother is presumed to have the primary or natural right to custody of children born when she is not married. Therefore, she has the legal right to custody, care, and control over the child and her rights are superior to those of the father or any other person. These rights can be defeated if it can be shown that the mother is unfit or has abandoned the child. Fathers Custody Rights: Unmarried fathers can take action to be awarded custody of a child. In most states, if the father’s name is on the child’s birth certificate, he will automatically be recognized as the child’s legal father and have an equal amount of standing in court as the mother. Otherwise, a fathers rights depend on his suitability to have custody. An unwed father cannot win primary physical custody over a mother who is a good parent, but may be able to establish some custody or visitation rights. Factors a Court Will Consider for Custody or Visitation Rights The best interests of the child are the primary consideration in any custody dispute and will prevail over the rights of either parent. A court will also consider a number of other factors in determining custody, including who the primary caregiver of the child is, the moral character of the parents, the financial status of each parent, and if they are old enough, the childs preference.
Posted on: Sat, 30 Aug 2014 01:33:10 +0000
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