If parents are not married but they are both on the birth certificate, they will both have child custody rights. These are rights to make decisions about their child.
In certain situations, a court may be required to provide a child custody order that details each of the parent’s rights and responsibilities related to their child, such as where they will live most of the time. Most courts prefer joint custody arrangements.
In some cases, however, courts will name one parent as a custodial parent and one as a noncustodial parent. The custodial parent is provided with the majority of the rights over the child, which includes being responsible for the day-to-day care and decisions related to the child, such as:
- Education
- Religion
- Healthcare
- Various other decisions
Noncustodial parents are usually provided with visitation rights. They may also have to make payments to the custodial parent, called child support, to help provide for the child’s basic needs.
The parents might not be married and the father’s name might not have been put on the child’s birth certificate. In this case, they will have to establish paternity in order to obtain legal rights over their child. This will give them the ability to request visitation or custody rights from a court.
Once paternity is established, courts will treat these unmarried fathers as though they are married fathers. It is very important to remember that a court will have to use the child’s best interest standard when making any type of decision regarding the child.
Under this rule, courts have to order what is best for the child, even when that is not in accordance with the desires of the parents.
Can an Unmarried Father Take a Child from the Mother?
If the father of a child who is not married has established paternity, both of the child’s parents will have equal rights over their child unless there is a court order stating otherwise. The legal rights of the unmarried biological father will depend on their legal status, which may include:
Unmarried father
The unmarried father is the biological father who was not married to the child’s mother at the time they were born.
Putative father
The putative father claims to be the biological father of a child but has not yet established his paternity.
Presumed father
The presumed father is an individual who is presumed to be a child’s father based on certain facts, such as:
- Paternity was acknowledged
- The child was born during divorce proceedings or shortly after a divorce
- The individual openly treats the child as if it is theirs
Once the biological father has established paternity, if they can demonstrate to a court that the child’s mother poses a risk of harm to the child, the unmarried father can request sole custody or supervised visitation for the mother. If a parent in Delaware has any questions about their status as a legal parent, it is important to reach out to a local attorney in Delaware for a legal consultation.
What Will Likely Happen if There Is a Custody Battle Between Unmarried Parents?
In most states, there are child custody laws for unmarried parents that can vary between states. Because of this, it is important to reach out to a lawyer for information on exactly what laws apply to custody issues in an individual’s state.
As noted above, most courts prefer a joint custody arrangement for parents to help preserve the child’s relationship with both of their parents. Certain cases will require that one parent be the custodial parent and the other parent be the noncustodial parent.
In these cases, the custodial parent will handle the day-to-day raising of the child, and the noncustodial parent will usually have visitation rights. If there is a paternity issue or question, the unmarried father can make a request to a family court for help establishing their paternity.
Typically, this is accomplished by a DNA test. Once the unmarried father establishes their paternity, they can request custody of the child.
This may lead to a custody battle between the parents. There are different ways these cases can be resolved.
If the parents go to court, the court will hear arguments from each parent and make child custody decisions based on the child’s best interest standard. If the parents can work together and draft an agreement, they may be able to avoid a custody battle by submitting their potential agreement to the court for approval.
Drafting an agreement allows the parties to define their roles as parents in a way that fits their own unique needs. If the parents cannot reach an agreement, they may have to attend mediation, which is an alternative dispute resolution process that is conducted outside of court to try and help the parties come to an agreement.
During any type of child custody case, both parents should have their own lawyers to help ensure that their rights are protected. The parties’ attorneys will also represent them during mediation sessions and may be able to help them create and draft their own agreements together.
What Are Some Other Issues that Unmarried Parents May Experience?
There are other issues that unmarried parents may face, such as tax issues and child support issues. Only one of the parents can claim their child on their income taxes every year.
Tax issues may also arise related to child support payments because they cannot be taxed as income on the recipient’s taxes and cannot be deducted from the paying parent’s taxes. Parents can address tax issues in their custody agreements.
It is important to be aware that if a child’s step-parent adopts the child, the paying parent will be relieved from making further child support payments. This will also allow the step-parent the legal right to make decisions about the child.
Another major issue related to child custody issues is child support. Child support may also be a contentious issue, especially in cases where the paying parent claims they are not able to make the payments.
Custodial parents have the legal right to receive child support payments from noncustodial parents. These payments are intended to be used by the custodial parent to provide for the child’s basic needs, such as clothing, food, and shelter.
Do I Need an Attorney for Child Custody Between Unmarried Parents?
You may be a parent in Delaware who is not married, and you may have concerns, questions, or issues related to child custody. In this case, you should reach out to a Delaware child custody lawyer. You should keep in mind that any decision a court will make will be based on your child’s best interests and not your preferences.
Your Delaware custody lawyer can advise you of the Delaware laws that will apply in your case, how to make sure your parental rights are protected, and how the court will most likely rule based on the child’s best interests standard. LegalMatch is a great place to find your Delaware custody attorney.
Using LegalMatch will provide you with access to a database of prescreened and licensed attorneys who can help you with your Delaware child custody issue. Simply submit your child custody-related issue or concern on the website, and you will receive answers from attorneys in around 24 hours.
