Parents who are unmarried face most of the same legal hurdles as married couples where child custody is concerned. While laws vary by jurisdiction, parental status is a major factor. In this article, parents can learn about child custody laws and the considerations courts make in these cases.
The Mother’s Right to Primary Custody
An unmarried mother is presumed to have a natural right to custody of a child born outside of marriage. In these situations, the mother’s rights to control, care and custody are above those of the child’s father or anyone else, but those rights can be waived if it can be proven that the mother is unfit.
Father’s Rights
An unmarried father can take steps to get custody of children. In most areas, if the father’s name is on a birth certificate, he’s recognized as a legal father and he will be on equal footing with the mother in matters of custody. Unwed fathers have difficulty getting physical custody over a fit mother, but they can often get joint custody or visitation. Here, Child custody lawyers in Auburn, Indiana can make a substantial difference in the life of a child.
Court Considerations for Visitation and Custody
Courts primarily consider the child’s interests in custody cases, and these interests are superior to the rights of the mother and the father. The court will also consider other factors, such as who handles most of the child care, the parents’ moral fiber, their financial status, and the child’s wishes.
Issues for Cohabiting Parents
Some common issues exist for parents who live together outside of marriage. These issues include:
* Proof of paternity
* Selecting a name that’s agreeable to both parents
* Getting the child qualified for insurance and government benefits
* Visitation and custody if the parents’ relationship ends
Unmarried Parents and Child Support
Child support is based on the parents’ income and the child’s needs, not the parents’ marital status. However, in stepparent adoptions, biological parents don’t have an obligation to support the child financially or otherwise.
Getting Legal Help
Child custody cases can be very emotional and complex but child custody lawyers in Auburn, Indiana can help parents protect their rights during custody battles. By hiring a lawyer through website mother or father can defend their rights and protect their child’s interests.
