Establishing custody arrangements is standard when parents with children divorce. They have the option of cooperating with one another or going to court and having a judge apply state statutes. Married parents benefit from custody statutes that protect their rights.
While the focus is always on the best interest of the children, judges also take the rights and needs of the parents into consideration when reviewing or establishing custody orders. They grant each parent a portion of parenting time and also legal decision-making authority in all but the most concerning of situations. Unmarried parents may find themselves in a less predictable situation. They may be uncertain about their rights and how to handle custody during a breakup.
What are the custody rules for unmarried parents?
Unmarried parents can set their own terms
As is the case for married couples, unmarried parents can also take total control of the custody process. They may need to consult with child advocates and family law attorneys. However, they can potentially establish their own custody orders based on what their family needs. They can then go to court to have a judge review their arrangements and turn them into a formal custody order.
In cases where unmarried parents do not agree on custody matters, they may need help from a family law judge just like those preparing for divorce. The same basic standards apply, although there is one important difference.
Fathers may need to establish paternity before they can ask for shared custody. Many unmarried couples have already established paternity. They may have filled out paperwork together at the hospital at the time of a child’s birth or a voluntary acknowledgment at some point during their relationship.
If the father has not already established paternity, then he likely needs to do so prior to requesting custody rights. In high-conflict scenarios, fathers may need to ask the courts to intervene and order genetic testing. Once they have officially established paternity, they can then request an allocation of parental rights and responsibilities. Both parents theoretically have the same basic rights under the law once they have established their legal relationship with the children.
Focusing on creating terms that uphold children’s best interests can help unmarried parents navigate the complex process of establishing shared custody in a breakup scenario. Parents may need help learning about their rights and how to handle custody disputes at the end of a non-marital relationship, and that’s okay.