Child custody arrangements are always difficult, but they can pose special problems for unmarried parents. While child custody cases for unmarried parents are very similar to that of divorced parents in many ways, they also have some important differences. Understanding the child custody rules for unmarried parents will help you determine how to proceed. These same rules apply to parents who have been absent for extended periods of time.
In child custody, matters between married parents child paternity is not a question. However in cases where the parents are unmarried paternity must first be established before proceeding with any child custody requests. Paternity is established through the use of a paternity test using DNA. The courts recognize the results of these tests as they are 99% accurate.
A court order is necessary to provide a legal basis for child visitation and custody. Simply agreeing to a particular resolution may work for a while but is not legally binding. Either party may decide to change the rules along the way leaving one parent out. This can and does happen on a regular basis. Without a court order child visitation and custody can be changed without notice and without regard for the best interest of the child.
Consult with an attorney in your area who specializes in family law. The custody and visitation decisions are made through the court system in order to be legally binding. While it is often assumed that the absent parent will not be allowed custody or visitation this isn't necessarily true. There are many reasons why a parent may have been absent and the courts will look at all the information before making a decision. There are often extenuating circumstances that come into play such as illegal activity or drug use that can have an effect on the outcome.
Courts take many factors into consideration when deciding a child custody case. First and foremost the welfare of the child will be considered. Among the other factors to consider are the ability to provide a good home and the ability to care for a child's needs. A child psychologist is often appointed by the court to determine how well the child is adjusted to their home and what is best from their emotional standpoint. The judge may consult with older children to help determine custody since they can have some input as to their preference.
When deciding custody, family courts also review the parents for suitability. They will take previous actions into consideration, particularly any problems with child welfare, any illegal activities and any drug abuse. Visitation rights will also be determined for the non-custodial parent.
These are the basic rules for unmarried parents and child custody and visitation. If you understand the laws that guide how your case will proceed, you will be better off. Then you should be able to find the best arrangement for your child.
Find more information about the child custody rules that affect you, and discover how Custody X Change can help with unmarried custody.
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