In the modern world, it is not uncommon for couples to have children out of wedlock. When you and your partner decide to break up or separate, you will have to make major child custody decisions. Under the law, child custody issues for unmarried or unwed couples are different from that of married couples in several ways.
Whatever you decide to do after a break up with your future ex should be in the best interest of your child or children. To avoid unnecessary issues concerning child custody, support, and visitation after a break-up with your relationship partner, it is advisable to let the court make the final order on this legal issue.
That is where compassionate family law attorneys come in to protect your interests and those of your child during the emotional child custody dispute after a break-up with your unmarried partner. Whether you are an unwed father or mother, we will aggressively defend your legal rights through every court process for the best appealing results on child custody.
Child Custody at a Glance
If you have a family case involving child custody, you should take time to understand the child custody statute for the best favorable result for you and your paternal child. Child custody is typically a legal term referring to the inherent rights of both paternal parents to have custody over their child or children.
Whether married or not, when you divorce or break up with your partner, you will have to address child custody issues. Generally, child custody issues are not simple as the media portray them, especially when you are unmarried.
As a parent, your child's wellbeing is vital, especially when you have to part ways with your relationship partner. The ultimate aim of filing a child custody lawsuit is to determine the best interest or ideal suitable environment for the involved child or children now and in the future.
If you have severe issues or disagreements with your relationship partner, you must be careful as you tread these new waters to ensure the best possible results for you and your involved child. At this point, you must retain the services of an attorney with significant experience in this area of family law for guidance on how to proceed with this legal issue to win custody over your child.
Unmarried Couples Informal Child Custody Arrangements and Parenting Plan
You can avoid the uncertainty of court decisions regarding child custody disputes by solving this matter informally before seeking official court orders to approve your decision. Generally, with or without the assistance of an attorney, you can sit down with your partner and negotiate a fair parenting plan and make custody arrangements.
Once you come into a fair agreement, you should put it into writing, also known as a custody agreement or settlement agreement, before submitting it to a family court for approval. A settlement agreement will include the following information:
- Which parent or parents have legal custody over the child
- Which parent has physical custody over the child
- Schedules and visitation plans for the non-custodial parent
- How to handle any possible future changes to this agreement
When you file a child custody lawsuit, either as a mother or father, the court will approve your custody agreement as long as it is in the best interest of the involved child. If you don't have a joint agreement on the custody and visitation issue, it will be upon the judge to decide who will gain custody over the child.
Unmarried Parents Rights on a Child Custody Dispute
If you are in a child custody dispute issue after a break-up with your future unmarried ex, you will want to know the rights you have over the child under the law as a biological father or mother. When making child custody decisions involving an unwed couple, the court's paramount consideration on this issue will be to identify the involved child's primary caregiver.
The court's ultimate decision on this issue must serve the best interest of the involved child to ensure he/she has a comfortable life now and, in the future, even after the break-up. Below we will discuss legal rights that you should know as an unmarried or unwed mother and father in a child custody battle, respectively:
Legal Rights of an Unwed Mother
In a child custody battle, the mother of the child or children born out of wedlock or before marriage has a unique advantage in contrast to the father because she does not have to prove in court that the named child is hers. Typically, the law allows unwed mothers to gain automatic custody of their child upon birth.
If a child's birth certificate indicates that you are the paternal mother, the law will presume you are the legal parent of the named child. Being a child's legal mother means you have a right to physical custody and legal custody of the child, even if you are unwed or unmarried.
However, if you have a history of abandoning a child or the court considers you unfit to take care of the child, you might not have sole or full custody of the child. As mentioned earlier, the court decision on a child custody battle will be based on the involved child's best interest to give him/her a good life.
Typically, an unwed mother with physical and legal custody over a child can legally make any of the following welfare and wellbeing decisions on behalf of the child:
- The childcare or school he/she will attend
- Locations and places he/she can travel
- Where he/she can reside or live
- The doctor or pediatric dentist that can take care of his/her health and oral health, respectively
- Religious institutions or activities he/she should participate
- Sports and extracurricular activities he/she can participate
When you have legal custody over the child as the mother, you can choose to allow the other parent to see the child or not. If you are unmarried and living together, you can amicably develop a plan that allows the other parent to be part of your child's life to make this court process smooth as possible.
Then, the judge presiding over your case will adopt this plan as a court order in this custody issue for the child's best interest. A common problem in raising a child as an unwed or unmarried mother is the need for child support from the other partner or father of the child.
Although the child's father can willingly pay child support, for example, by paying for doctor visits and by groceries, you have no right to force him to pay if he fails to do so at any point without a court order. To prove you deserve child custody from the child's father, you must establish parentage or paternity, showing that he is the child's biological father.
If you don't have a legal agreement showing the amount of money each parent should contribute as child support, the court will order the final percentage that each parent should contribute. When determining the ideal child support amount necessary in your unique case, the court will consider each parent's income or financial capability.
Since you cannot enforce child support without paternity evidence to show the other partner is the child's biological father, you should consult with an attorney for advice on how to proceed with this legal issue.
Legal Rights of an Unwed Father
If a couple is married, the court will automatically assume these people as the legal parents of any child or children involved in a custody battle. However, if you are an unmarried father, the court will want you to provide evidence to prove that you are biologically related to the child.
Even if you live together with the child's mother, you have to establish paternity if you want to gain your rights to child custody, visitation, and support because the court does not automatically assume you to be biologically related to the child. Typically, as long as you are biologically related to the child, you should have the same rights as the child's paternal mother in a custody battle.
Establishing paternity is not a challenging issue for unmarried parents that live together because you can both sign a voluntary acknowledgment or declaration of paternity. However, suppose that is impossible because you no longer live together with the other parent. In that case, a DNA test will be necessary to prove whether you are biologically related to the involved child or not.
Once you establish paternity as the child's father, you can legally pursue your child custody and visitation rights in a family court. Typically, establishing paternity in a child custody battle may seem unfair to most unmarried fathers out there.
However, this system is vital because it prevents a paternal mother from claiming child support when you are not biologically related to the child. Additionally, establishing paternity also allows you to stop the paternal mother of the child from relocating with him/her wherever she wants.
Otherwise, if you fail to establish paternity, the child's paternal mother can move with the child to whichever place she wants because she has sole custody. Since unmarried or unwed fathers have no inherent custodial rights like paternal mothers, you must consult with an attorney to protect your child custody, visitation and support legal rights in any custody dispute.
How Does the Court Make Child Custody Decisions for Unmarried Couples?
Typically, family courts will decide on child custody based on the best interest of the involved child. In this context, the best interest of a child will depend on your unique case, but the court will consider the factors below before making the final decision on a child custody battle or dispute:
- The child's sex, age, physical and mental health
- The parent's lifestyle and any other social factor
- The child's quality of education in the current setting or situation
- The parent's physical and mental health
- The parent ability and capability to provide the involved child with proper healthcare, food, clothing, and shelter
- Possible impacts on the child due to changes in status quo
- The emotional connection between the child and the parent
- The already established living pattern of the child (religious institutions, school, community, and home)
- The involved child's choice or preference if he/she is mentally mature to express an opinion
Assuming the above-listed factors do not favor any parent in a child custody battle, the court will focus on which biological parent is more likely to give the child the best possible, stable living environment. That means, if a young child or children are involved, the court will likely award custodial rights to his/her primary caregiver.
However, suppose an older child is involved in this custody battle. In that case, the court will likely award custody rights to the paternal parent who can manage to foster continuity on issues like:
- Neighborhood life
- Education
- Peer relationships
- Religious institutions
Remember, one of the paternal parents might have an obligation to pay child support even if he/she does not win this custody battle.
Types of Child Custody Arrangement That You May Choose as Unmarried Couples
If you are in a child custody battle, you should beware this process involves complex legal issues, especially if you are unmarried. That is why most unmarried parents retain the services of an experienced attorney to present viable pieces of evidence that support their cause during a custody battle in a family court.
Below are varying types of child custody that both parents may seek during a child custody battle in court:
Sole Custody
Under the law, having sole custody means you will have physical and legal custody of the involved child. However, the court with jurisdiction over your case may decide to award physical or sole custody to one of the paternal parents if it is in the child's best interest.
That would be possible if one of the paternal parents is likely to travel a lot or lives far from the involved child's home. Alternatively, the court may decide to award you sole custody of the child if you can prove that the other partner is unfit to take care of the child, as mentioned above.
For instance, if the child's mother is fighting a drug substance use addiction, the court may choose to award sole custody to the father even if the mother is often the primary caregiver.
Legal Custody
Having legal custody of the child means you will be able to make vital long-term decisions on his/her life and upbringing, including those associated with religion, education, recreational activities and health, and discipline.
In most child custody cases involving unmarried couples, both parents may receive legal custody of their child unless one parent is incapable of making these kinds of decisions.
Physical Custody
If you want to live with your child or children in your home after a breakup with your unmarried partner, you should seek physical custody in a custody dispute case. Before awarding you physical custody over the involved child, the court will consider the connection or bond you have with him/her and your commitment to him/her.
Joint Custody
Having joint custody of the child does not mean both parents will share equal time with him/her. Instead, joint custody envisions each parent sharing substantial time with the child. The court will consider each parent's lifestyle and job to determine how much time the child should receive.
When you seek joint custody as an unmarried couple, you must be ready to offer the necessary support and discuss terms of legal and physical custody responsibilities. In addition, if the court awards you this type of child custody, you must comply with the custody agreement the court will decide.
Take Away Notes
Child custody battles are complex issues both legally and emotionally. If you have child custody issues as an unmarried couple, you should retain the services of a family attorney to increase your chances of success in this life-changing custody battle.
Apart from representing your interest in court, a reliable attorney will also help you understand your rights as an unmarried couple under the law in a language you can understand best. Here is what you should consider when finding a reliable family attorney for your unique child custody case:
- Attorney’s experience
- Attorney’s reputation
- Whether the attorney is licensed or not
- The attorney’s qualification
- The attorney’s accreditation
Find a Child Custody Attorney Near Me
Unmarried couples have child custody and visitation rights just like married couples. A child custody battle can be a complex issue, especially if it involves unmarried couples. However, an experienced and knowledgeable attorney can help you understand this process and defend your legal rights in court for the best possible outcome.
Reliable attorneys at San Diego Family Law Attorney have significant experience on child custody issues for unmarried couples. We will help you maneuver the complexities involved in a child custody case for unmarried or unwed couples to ensure the best possible chance for success.
Call us at 619-610-7425 to discuss your child custody issue with our caring family attorneys for outstanding and aggressive legal representation.
