Unmarried Parents and Child Custody Issues
Most child custody and visitation issues are the result of a divorce, however there are more and more unwed parents who dealing with similar issues. In the case of the unmarried parent, the rules can be very different from state to state. In addition, issues can be compounded by the role of grandparents who seek to be awarded custody or at least visitation with the child.
Unmarried parents
In most states, the mother is granted sole physical custody unless the father takes action to be awarded custody. It is rare for an unmarried father to be granted sole custody, but not impossible. However, more often visitation or parenting time is awarded the father.
The considerations made in granting custody or visitation rights are very similar to those used with divorcing parents. The main focus should remain on the "best interest of the child", however there can be a lot of contention over what that means. More often than not, issues for unmarried parents tend to be a little simpler because you don't have the same money and property issues as with divorcing parents. However, the issues that remain can be very difficult to resolve due to the lack of a relationship.
Considerations for the "best interest of the child" often include:
- Wishes of the child
- Wishes of the parents
- Relationships child has with each parent
- Relationships child has with extended family
- Mental and physical health of child
- Child's activities and schooling
- Child's stability and continuity
Paternity
With advances in biological science it can be fairly easy to establish paternity using a DNA test, this can be voluntary or court enforced. Here are the biggest factors impacting why you would want to establish who the father of the child is:
- Getting child support
- Helping foster a relationship between the father and child
- Enforcing your parenting time or visitation rights
Non-parental custody
It is not that uncommon to have people other than the parents want to obtain custody of the child. Often these parties are grandparents, aunts and uncles or other close family members. Many different labels can be attached to this role such as:
- Custody by Non-Parent
- Nonparental custody
- Third party custody
No matter what it is called, most states will have a specific process for these parties to follow in attempting to obtain custody. Furthermore, visitation rights may be granted to a grandparent to ensure that a child can have access to their grandparents. All 50 states have some form of protection in place for grandparent's visitation rights.
Improving communication
Using a tool like the OurFamilyWizard website can help to get everyone on the same page. Avoid confusion, missed events and more by sharing information in a safe and secure website dedicated to your family. By creating an open and documented dialogue, both parents can take a more active role in the child's life.
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