Negotiating custody terms is a standard part of the divorce process. Married parents who divorce either need to settle their custody disagreements with one another or prepare to take the matter to family court.
The process is much less clear in scenarios when couples who didn’t marry decide to separate. Breakups can be messy, and the family law system typically does not interfere. When there are children shared by the couple ending their relationship or cohabitation, the matter becomes significantly more complex.
Unmarried couples are often able to reach their own arrangements to divide parenting time, as well as other parental rights and responsibilities. If they cannot agree on terms for shared custody, can the family courts help?
Custody litigation can occur after a breakup
Divorce is not the only scenario in which the family courts may establish a custody order because parents do not agree on the terms. Unmarried couples also have the right to request judicial review to divide parental rights and responsibilities. The same basic laws and guidelines apply regardless of whether the parents solemnized their relationship or not.
A family law judge hearing a contested custody case involving unmarried parents looks at the situation carefully and tries to establish an arrangement that is in the best interests of the children. They can order the parents to share both time with the children, also known as physical custody, and decision-making authority, also known as legal custody.
There is one key difference
While the process of evaluating family circumstances and establishing a custody order is the same regardless of marital status, unmarried couples sometimes face one significant hurdle before they can establish a shared custody order. Specifically, it may be necessary to establish the father’s paternity.
It’s quite common for unmarried couples to cooperatively establish paternity at the hospital after the birth of a child. However, if the man does not currently have his name included on the child’s birth certificate, then the parents may need to inform the state of the man’s relationship with the child.
An Acknowledgment of Paternity can add a man’s name to a child’s birth certificate. Once the state recognizes the man as the father, then the family can pursue the same basic custody proceedings as any other family. In cases where voluntary acknowledgment isn’t an option due to strained relationships between the parents or other complications, court-ordered genetic testing may be part of the process of establishing paternity.
Unmarried couples can rely on the family courts to assist them with child custody matters. Retaining legal assistance while preparing for custody proceedings or paternity hearings can be beneficial for unmarried parents who want to assert their rights.