Are you looking for information about unmarried verses married child custody cases? Parents who are married may have different rights than those who were not. It is important for unmarried and married parents not only to be aware of their rights but also have an understanding of the issues surrounding them.
An initial custody determination refers to the award of custody at the beginning of the divorce or separation. The best interest of the child is typically the standard for custody determinations in most all states. Two common situations that involve children that may require an initial determination is when unmarried parents separate or when married parents divorce.
Unmarried Parents – An unmarried child custody case can present another layer of complexity for fathers because an unmarried dad may not be presumed to have custody rights without first establishing paternity. Once paternity is establish, an unwed father may want to initiate a petition for custody and visitation rights. During an initial custody determination, the issue of physical and legal custody should be addressed and each type of custody can be awarded jointly or solely to each parent. A mother may also wish to establish who the father is through the court in order that child support payments are set according to guideline child support standards.
Married Parents – Parents who were married typically have equal rights and share guardianship over their children and upon divorce will typically have equal rights to custody. During an initial determination, the issue of physical and legal custody should be addressed and each type can be awarded jointly or solely to one parent. When a child is born during marriage and the husband/father is married to the wife/mother, the husband/father is generally looked upon as the presumed father so establishing paternity is typically not needed.
It is important for married and unmarried parents to be informed of their rights to their child, and if needed, what actions parents must take in order to establish rights if they do not have rights already. Married and unmarried parents should understand issues related to initial custody determinations based on their marital status and the effect it could have on the outcome of their case. For legal advice about your situation, what your rights are and what your best course of action would be you’ll want to consult a family law attorney in your area.
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