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What Are the Rights and Responsibilities of Unmarried Parents in Child Custody Cases?
Whether you’re married to your child’s other parent or not, the law upholds that you must be responsible for your child’s needs, no matter how messy your separation or divorce was. Custody is an often contentious issue when parents separate, and it can become more complex when the parents are unmarried, especially if the father has no legal proof of being the child’s parent.
Consult skilled family law lawyers in Campbell if you’re in a custody battle as an unmarried parent. They can guide you through to help you reach an amicable compromise with your child’s other parent. If mediation fails, they can help you take legal action to protect your parental rights.
Who Has Custody When Parents Are Unmarried?
When a child is born out of wedlock, the mother immediately assumes custody unless the father pursues custody for various reasons. For in-depth insights into the issue of custody for unmarried parents, experienced Campbell child custody attorneys highlight the following:
The Mother’s Rights
Married and unmarried parents face the same legal issues in child custody cases, but the law is a bit more complicated for unmarried parents. The mother has automatic custody over the child, meaning she has complete authority to make significant and minor decisions regarding the child’s welfare, such as:
- Child care
- School
- Residence
- Health care needs
- Extra-curricular activities
- Vacations and travel
The child’s birth certificate is considered conclusive in the mother’s identity, so her parental rights are established. As an unwed father, you can be a partaker in these decisions by fighting to uphold your legal rights through a family court legally. Child custody lawyers in Campbell can provide legal counsel and help you through the process.
The Father’s Rights
As a father who wants to be involved in his child’s life, you can work out shared custody or file a petition to be granted parenting time and visitation. However, the process can be complicated if your name is not on the child’s Birth Certificate. In that case, you must prove paternity and demonstrate to the court that you’re a suitable parent, capable of taking on your custodial rights.
Establishing paternity can be done in one of the following ways:
- Having your name put on the child’s birth certificate right from when they’re born
- Signing a Declaration of Parentage
You can be presumed to be the child’s father under these circumstances or deemed to have the equivalent of a Judgement of Paternity. If paternity is in question, a DNA test is necessary, which can happen in a certified lab or the state’s child support enforcement agency. If one parent refuses to participate in the paternity test, the other parent can request a court order requiring their cooperation.
If your parentage as the biological father is not established, you have no rights as a parent unless you obtain a court order that establishes parentage. Only after establishing parentage can you pursue custodial rights or other rights regarding the child, such as visitation or making decisions regarding the child’s welfare.
Are Both Parents Required to Pay Child Support?
Even if unmarried, you and your child’s other parent should financially support the child. The law allows an unmarried mother to seek child support from the child’s father to ensure the child’s needs are met and both parents contribute to the child’s upbringing.
Depending on your income and financial responsibilities, the court will evaluate how much you should contribute through child support payments based on the child’s needs. Typically, the parent living with the child most of the time should receive child support payments from the other parent.
Consult skilled child support lawyers in Campbell if your child’s other parent won’t pay child support or you don’t know how to approach the matter.
Is There a Parenting Plan for Unmarried Parents?
A parenting plan can help you and your child’s other parent work harmoniously in raising your child. The plan creates a structure that ensures your child spends ample time with each parent while helping you and the other parent communicate when making child-rearing decisions.
Unlike divorcing parents who must have their parenting plan enforced by the court, you can ask the court to formalize the parenting plan to make it enforceable. If you agree to the plan on your own, you don’t have to get custody orders, but child custody attorneys in Campbell recommend getting them even if you’re on good terms with the other parent.
Tips for Making an All-Inclusive Parenting Plan
Campbell family lawyers say an effective parenting plan should be specific and organized to help you and the other parent care for your child’s needs. They recommend including the following in the plan:
- A detailed parenting schedule that meets the child’s needs, specifying how the child will spend time during special events
- Explanations of how to make parenting decisions that affect the child’s medical care, education, discipline
- Arrangements on shared financial responsibilities
- Rules on communication between the parents and resolving parenting disagreements
- Customized provisions for addressing the family’s unique situation
A Skilled Family Law Attorney Helping You Navigate Child Custody for Unmarried Parents
Navigating child custody for unmarried parents is often more complicated than for divorcing parents. However, the law has provisions to help such parents reach an amicable agreement on parenting schedules and visitation. If you’re an unmarried parent wondering about your rights in a custody case, skilled family law lawyers in Campbell can help you.
Hepner & Pagan, LLP is a mediation and family law firm with knowledgeable child custody lawyers in Campbell. Our legal team provides peaceful resolutions to help families pave paths to a fresh start. If you have a family law issue for which you need legal counsel or representation, our dedicated lawyers are at your service. Call us at 408-688-9153 for a consultation.
