Custody And Visitation Issues For The Unmarried With Children
When a married couple decides to divorce, child custody is just one of many issues that have to be dealt with and resolved. When an unmarried couple decides to end their relationship, there are few laws that govern how any joint property and debt is divided. One issue the law takes seriously, however, is the care of a child that is young enough to be considered a minor. Read on for some guidance on what the law has to say about child custody and visitation issues between unmarried parents.
The Father Takes a Secondary Role
Though state law can vary, the father of a child who is born into a relationship outside of marriage has limited rights. To obtain custody of a child in this situation, the father must show that the mother is not a fit parent and that they deserve custody. While rare, if the father is able to provide proof that the mother fits into the below categories, they may be awarded full or shared physical and legal custody of the child:
- Drug and/or alcohol abuse.
- Mental impairments.
- Severe physical ailments.
- The mother voluntarily relinquishes custody.
- The mother is incarcerated.
The Visitation Question
Unless the father is unfit – see the above list for some ideas about what that means – visitation will be ordered for the father. The visitation schedule doesn't have to be left up to the judge if the parents can form an agreement on their own. As long as it is not viewed as unfair to father, visitation schedules that are custom-made for the parents and child are usually approved and become official with an order. The courts not only approve of visitation but encourage it since it is said to be in the best interest of the child. Custody and visitation orders from a family court judge are not different from that handed down in divorce situations – they are all legally-binding and enforceable through the courts.
A Word About Child Support
Child support is considered a separate and extremely important issue when parents split up and being unmarried does not negate that. One of the parents will be ordered to pay child support and it's usually the parent who makes the most money and that is not the physical custodial parent. The amount ordered is based on income. Unmarried fathers who have been supporting a child they believed to be their own may be ordered to continue making payments even if the child proves to be the offspring of another man. The courts dislike having to disrupt the financial stability of a child by making changes. If you are the father of a child and you are ending a relationship and moving out of the family home, you might want to take steps to ascertain the paternity of the child you were supporting while living with the child's mother. Otherwise, you may be ordered to support the child until they are 18.
To find out more, speak to a family law or divorce lawyer.
Share
