Parents have the legal right to make decisions about their children, which is called child custody. In many situations, there are court orders that outline child custody arrangements, including which of the parents will be responsible for making decisions for the child, including where the child will usually reside.
The parents who are given the majority of rights over the child and the parents whom the child will reside with for the majority of the time are referred to as the custodial parents. This parent handles the everyday issues related to the child and makes decisions regarding:
- Education
- Religion
- Healthcare
- Other decisions that are usually made by the primary caretaker of a child
The child’s other parent is referred to as the noncustodial parent. They are usually awarded visitation rights. Noncustodial parents may also have to pay child support to custodial parents.
In Connecticut, when an unmarried father establishes paternity, they then obtain legal rights related to their child. An unmarried father in Connecticut can establish paternity by signing a voluntary acknowledgement of paternity stating they are the father or by putting their name on the child’s birth certificate.
This form may be available at the hospital or can be completed at a later time. Once completed, it should be submitted to the proper agency.
When a court makes a decision about a child, including visitation and custody, it will be made under the child’s best interest standard. Pursuant to this standard, what is in the best interests of the child will be considered over the needs or preferences of the child’s parents.
Once an unmarried father has established paternity, any dispute that arises involving child support or child custody will be treated as though the parties are married. This means that, even in situations where the mother does not want to share parenting time with the child’s father, the court will most likely make a custody determination that will preserve both parental relationships.
Can an Unmarried Father Take a Child from the Mother?
In Connecticut, as in many other states, the rights of an unmarried biological father will vary depending on the legal classification of the father, such as:
- Presumed father: An individual can be a presumed father based on certain facts, which may include:
- The child was born during or shortly after a divorce, and the husband of the marriage is considered the father;
- They voluntarily acknowledged paternity;
- The father openly treats the child as if the child were his own;
- Putative father: This applies when a biological father has not legally established paternity;
- Unmarried father: This is the child’s biological parent who was not married at the time they were born;
- Once an unmarried father is determined to be the child’s biological father, they will have the full legal obligations of caring for their child, which includes paying child support.
If an individual in Connecticut has any questions regarding their status as a parent, it is important to consult with a local attorney in Connecticut for a legal consultation.
What Will Likely Happen if There Is a Custody Battle Between Unmarried Parents?
The child custody laws for unmarried parents may be different in different states. Because of this, it is very important to consult with a lawyer to determine what laws will apply in Connecticut.
In most situations, the court will order shared custody or joint custody. One of the parents will typically be deemed the child’s custodial parent.
It is very uncommon for a custodial parent not to be given any visitation rights by a court. Typically, this only occurs in situations where one of the parents is deemed an unfit parent based on issues such as physical abuse or substance abuse.
When paternity issues do arise, the child’s parent can request that the family court establish paternity. This step will only be necessary if the father’s name was not included on the birth certificate or if the child’s father did not sign a voluntary acknowledgement of paternity. A child’s father can establish paternity by using a DNA test.
A voluntary acknowledgement of paternity, as noted above, must be filed with the correct state office, which is typically the vital records office. Once the form is filed, the father’s name will be included on the child’s official birth certificate.
Once paternity is established, unmarried fathers have the same legal rights as married fathers. If the parents of the child can agree, they may be able to avoid a custody battle by coming to their own agreement and having it approved by a court.
If the parents can reach an agreement, the court will use the child’s best interests standard when it is making any child custody decision, including approving the custody agreement. An attorney should represent both parents during a custody case, including when reaching a custody agreement.
An attorney can help all of the parties involved make sure that they are aware of the consequences of the possible decisions they make. In addition, the attorney will also ensure the parent’s rights are protected.
What Are Some Other Issues That Unmarried Parents May Experience?
There are several other issues that unmarried parents of children may face. One important issue is taxes because only one of the parents is allowed to claim the child on their taxes every year.
This issue can be included in the parents’ custody agreement. If not, the court may either include it before approving the agreement or may include it in the custody order it drafts.
An acting parent might actually be a step-parent and not the child’s legal parent. In that case, they may not be able to make certain specific decisions on behalf of the child because their legal parent will have priority. If the step-parent can adopt the child, it may be easier on them because they will be able to act as their legal parent.
Another important issue for unmarried parents of a child is child support. A custodial parent is legally entitled to receive financial support from the noncustodial parent for the care and support of the child. It is important to note that, in the event that a step-parent adopts the child, the parent who was paying child support will no longer have to make those payments.
Unmarried parents may also have issues involving jurisdiction if they live in different states. The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) states that the home state of the child will be the court that will have jurisdiction over child custody issues.
Do I Need an Attorney for Help with Child Custody Issues Between Unmarried Parents?
If you or your child reside in the State of Connecticut and you have any questions, concerns, or issues regarding child custody, it is very important to consult with a Connecticut child custody lawyer. It is important to remember that the best interests of your child will always be considered above anything else, including your desires and preferences.
Your attorney can help you understand what Connecticut laws will apply in your situation, how you can ensure your interests and that of your child are protected, and what strategies can be used to reach an agreement with your child’s other parent.
By using LegalMatch, you have access to a database of prescreened attorneys who can help you with your Connecticut custody issues. All you have to do is submit your concern on the website for free, and within about 24 hours, you will receive responses from attorneys who are ready to help you with your issue and gain peace of mind.
Last Updated: Jun 5, 2024
