Children and Unmarried Parents

When the matter of child custody and rights to a child evolve, the battle is a long one with unmarried parents. Married parents who get divorced do not have to prove paternity to retain rights, while parents who are not married may be required to prove paternity. a family law lawyer is best to consult with on your rights as a parent and should be consulted before entering into any legal proceedings or filing for custody or child support.



If a child is born out of wedlock, the mother is automatically granted custody unless an adjudication or registration of paternity is filed. For the father to seek custody or visitation rights, he must establish that he is the father of the child through blood tests or DNA tests. Consult with a family law attorney on the best way to obtain a paternity test.



Establishing paternity does not automatically guarantee custody, though. Fathers must obtain a court order if they want to be granted custody of the child; otherwise most courts still assume the mother has custody.



But unmarried fathers who prove paternity and obtain court orders are still entitled to the same rights as a divorced father as long as there are no issues that would make that person a threat to the child such as domestic violence and abuse.



If both partners agree on a custody and visitation plan, the judge will usually sign it and it will become a court order. But in cases where one or both parents do not agree on a plan, the court will resolve the issue. The best way to resolve custody disputes is through the court, as a court order will be a legal document by which both parents must abide.



There are two types of custody that must be discussed. Physical custody refers to who the child will live with permanently, while legal custody refers to who will make decisions about the child's healthcare, education, religion, etc.



Most custody arrangements grant joint legal custody and sole physical custody with the non-custodial parent given visitation rights. However, if it is determined that one of the parents is unfit to make decisions about the child's life or it is in the child's best interest not to have any contact with the other parent, sole physical and legal custody is often granted to one party. Joint physical custody is agreed upon and/or granted in some cases as well.



Unmarried parents with further questions about child custody are encouraged to seek legal counsel.



For more information on the child custody process for Parental Rights schedule a consultation with a Riverside Divorce Lawyer visit the offices of Diefer Law Group.