July 28, 2020

When you have children, ending a relationship can be difficult. Not only are you separating as a couple, but you will have to negotiate how to divide parenting time and responsibilities. You need to think about parental rights, relationships, and other factors. While this is challenging for any couple, it can be even more complicated for unmarried couples. The decision will not be as straightforward as it is for married couples, and you need to make sure you know what the courts will consider regarding custody arrangements.

Parental Rights

For married parents, parental rights are often straightforward. If a married woman gives birth, it is assumed that her husband is the father and he receives parental rights automatically. For unmarried couples, it can be more complicated to determine parental rights. If both parents are seeking custody, they must first make sure they have parental rights. Most states require unmarried fathers to establish paternity. Without this, the father will not automatically be granted parental rights, even if he is the biological father and has acted as a parent. An unmarried biological mother will automatically be granted parental rights.

For a father to get parental rights, he must sign an acknowledgement of paternity along with the mother. If the mother will not sign, he can file a petition which will most likely require genetic testing. Once a father obtains his parental rights, he has equal rights to custody.

What Will a Judge or Magistrate Factor into a Child Custody Agreement?

There is no standard arrangement that all unmarried couples will use. Custody for unmarried couples is determined case-by-case. Parents can settle on a parenting plan through mediation or outside of court, but if they can’t agree, it will go to a judge or magistrate. A judge or magistrate will determine the child custody agreement by looking at the child’s relationship with each parent, each parent’s ability to care for the child, the relationship the child has with each parent’s relatives and household, which parent has acted as the primary caregiver, any relevant history, and, if the child is old enough, the child’s wishes.

What are the Custody Options?

Each parent may be granted sole custody or shared parenting plan. In a shared parenting plan, parents will share time relatively equally. If one parent is granted sole custody, the other parent will be given specific and regular visitation. In some situations, however, especially when abuse is a factor, visitation may be more complicated and require supervision. Custody determinations may also include financial responsibilities, healthcare decisions, and more. In amicable breakups, these decisions can be fairly straightforward, but if partners cannot reach an agreement on their own, they will have to bring the case to a judge or magistrate to determine the specifics.

If you break up with your child’s other parent and you aren’t sure about your next steps, start with speaking to an attorney. Even if you are not dissolving a marriage, when you have a child together, you need to understand the legal steps you will take. A knowledgeable attorney will have experience in working with unmarried couples and custody situations, and obtaining legal help early in the process will make it a much smoother transition for everyone involved. If you’re facing this kind of situation, and you’re not sure what to do next, call my office today.