Unmarried Parents: What Happens in the Event of a Custody Battle

unmarried parentsWhat happens when a child is born to an unmarried mother? Does the father have rights? Technically, according to the laws, the father has no legal right to see his child if there is no court order put in place – but a court order can easily be enacted at any time. Unwed fathers are not automatically presumed to be a biological father to a child, which can complicate things but, with a court case in mind, a father will be able to ask for visitation and see the child in their life.

When paternity is established, an unmarried father ends up having the same rights as a father who is married. If the father and mother do not live together, this means the next steps are petitioning the court so that they can establish custody rights for the father. The court will look at the best interests of the child and determine what might work best for one family who is no longer together. It is always best for the two parents to communicate on these matters as much as possible to lessen the stress in your case.

There are many issues that unmarried parents might face that married parents might not. For instance, there are issues of establishing paternity, ensuring that a child qualified for medical benefits, school and medical decisions in place, choosing a child’s last name, claiming a child on tax forms, and more.

Do you have questions regarding child custody laws because you are an unmarried parent? You might want to speak with an attorney as soon as possible to work through the matters in your case. We can help you every step of the way at the Montes Law Firm. Call us today.