If both of a child’s parents’ names appear on their birth certificate in Alaska, which of the parents will have custody will depend on several factors. If they are both named, they will both have child custody rights related to the child, meaning rights to make decisions about the child.
In some cases, the court will need to issue a child custody order outlining the duties and responsibilities related to the child, including in which parent’s home the child will live most of the time. Most courts prefer to issue joint custody orders because it gives the child the best chance to preserve their relationship with both of their parents.
There are some cases in which the court will issue a custody order naming one parent as a custodial parent and one as a noncustodial parent. A custodial parent is a parent who receives most of the rights over the child, including making everyday decisions about the child, including their:
- Education
- Healthcare
- Religion
- Various other decisions
A noncustodial parent is usually awarded visitation rights related to the child. This parent may also have to make child support payments to the custodial parent so they can help provide for the child’s basic needs.
If the parents were unmarried at the time of the child’s birth and the biological father’s name was not put on the birth certificate, the father will be required to establish paternity if they want to obtain legal rights over the child. This allows the biological father to petition a court for custody or visitation rights.
Once a biological father establishes paternity, they will be treated by courts as though they were married fathers. It is very important that the parents are aware that courts must follow the child’s best interest standard when making any type of decision about the child.
Under this rule, courts have to make decisions about what is best for the child, even if those decisions do not match the wants of the parents.
Can an Unmarried Father Take a Child from the Mother?
When a biological father of a child has legally established their paternity, both of the parents will have equal rights over their child unless a court issues an order that provides otherwise. Whether the unmarried father can take a child from their mother depends on the biological father’s legal status, which may include an unmarried father, a putative father, or a presumed father.
An unmarried father is the biological father of a child who was not married to the mother of that child at the time the child was born. A putative father claims to be the biological father of a child but has not legally established their paternity.
A presumed father is presumed to be a child’s parent based on certain factors, including:
- Their child was born during divorce proceedings or shortly after a divorce
- The father acknowledged their paternity
- The father openly treats the child as their own
Once the paternity of the biological father is established and they can demonstrate to a court that the mother of their child poses a risk of harm to the child, the father can request that the mother have supervised visitation or even sole custody of the child. If a resident of Alaska has any concerns regarding their legal status as a parent, they should reach out to a local attorney in Alaska for a legal consultation.
What Will Likely Happen if There Is a Custody Battle Between Unmarried Parents?
There are child custody laws for unmarried parents that apply in most states, although they may vary by location. Because of these variations, it is important for an Alaska resident to consult with an attorney to determine the exact nature of the laws that will apply in their case.
As noted above, most courts prefer to issue a joint custody order that will allow the child to preserve their relationships with both of their parents. However, certain cases require one parent to be named as a custodial parent and the other parent to be named a noncustodial parent.
The custodial parent is the parent who is responsible for the daily issues related to raising the child. Visitation rights are commonly awarded to the noncustodial parent.
If an issue arises related to paternity, the unmarried father can make a request to a family court to establish their paternity, which is typically done by a DNA test. Once a child’s father has established their paternity, they can request visitation and custody.
These types of requests may result in a custody battle between the parents. Custody battles can be resolved in many different ways, such as in court, through alternative dispute resolution, or if the parties can reach their own agreement.
If a case goes to court, the court will hear arguments from both parents and will make any child custody decisions based on the child’s best interest standard. The parents may be required to participate in alternative dispute resolution methods, such as mediation.
In this process, a neutral third party attempts to help the parents resolve the case on their own outside of the courtroom. In some cases, the parties may be able to reach their own custody agreements and have them approved by the court.
Once approved by the court, the agreement will be legally binding upon both of the parties. In any child custody case, both parents should have lawyers who will ensure their parental rights remain protected throughout the case and during any alternative dispute resolution processes.
What Are Some Other Issues That Unmarried Parents May Experience?
Unmarried parents may also face issues such as tax issues and child support. The child can only be claimed on income taxes by one of the parents each year.
Other tax issues that may arise may be related to child support payments. These payments are not taxed as income on the receiving parent’s taxes.
They are also not deductible on the paying parent’s income taxes. Tax issues can be addressed in a child custody agreement that the parents create themselves.
Another issue that commonly arises in child custody cases is a child support issue. These issues can be contentious, especially when the noncustodial parent argues that they do not have the ability to make the payments to the custodial parent.
Do I Need an Attorney for Child Custody Between Unmarried Parents?
If you have any questions or concerns related to child custody issues in Alaska, it is very important to consult with an Alaska child custody lawyer. Legal representation is important in these cases, as the decisions made by the court can have long-lasting effects.
LegalMatch can help you find an Alaska child custody attorney who best fits your needs. With LegalMatch, you can access the database of prescreened and licensed attorneys who can help you resolve your child custody issue.
There is no charge to submit your concern on the LegalMatch website and it only takes a few minutes to complete. Within around 24 hours, lawyers who are ready and able to begin work on your case will respond, allowing you to choose the one that best fits your needs.
