Under the child custody laws for unmarried parents in Idaho, if a child is born to a woman who is not married to the child’s father, she would initially have custody of the child. The paternity of the father must be established in order for the father to acquire the right to custody or visitation of the child. A local attorney in Idaho would be able to provide more information.
Legal custody refers to the authority to make important decisions regarding the child’s upbringing, such as education, healthcare, and religious practices. Understanding legal custody and its relevance in child custody cases for unmarried parents in Idaho is crucial for navigating the legal system effectively.
Physical custody refers to where the child primarily resides and spends their time. Understanding physical custody and visitation rights is crucial for unmarried parents in Idaho as it directly impacts the day-to-day care and upbringing of the child.
What Rights Do Unmarried Fathers Have in Idaho?
A biological father must establish his paternity, which is the legal recognition of a biological father in order to have rights with respect to a child. It is establishing paternity that grants the father legal rights and responsibilities towards the child. It also ensures that the child has access to financial support from the father, i.e. child support, inheritance rights, and benefits from both parents.
Idaho offers two ways for a father to legally establish his paternity. They are voluntary acknowledgment and genetic testing. Voluntary acknowledgment is a process in which both parents voluntarily sign a legal document affirming the father’s paternity.
This document is often completed when the child is born or soon after that. It is important to note that once the voluntary acknowledgment is signed, it is difficult to challenge paternity at a later time, unless there is evidence to show that the acknowledgment was signed by the parents when they were subject to fraud or duress.
Genetic testing is another method for establishing paternity in Idaho. If there is a question about the biological father, either parent may go to court to request genetic testing to determine paternity. The court may order DNA testing. The result of this testing then establishes the paternity or lack of it of the tested person with finality. A court would view genetic testing as a scientifically accurate and reliable method for determining paternity.
Establishing paternity benefits both parents and the child in multiple ways. For the father, it brings on both legal rights and responsibilities, including the right to seek custody or visitation, participate in important decisions regarding the child’s upbringing, and establish a meaningful relationship. It also makes the father legally responsible for paying child support.
In Idaho, it is a good idea for parents who are not married to each other to give priority to establishing paternity to protect the rights and well-being of both themselves and their child.
Can a Mother Keep a Child Away from the Father in Idaho?
The father might not have established his paternity in one of the ways noted above. If this is the case, then the mother is not legally obligated to allow the child to have visitation with the child or to allow the father to have custody.
What Will Likely Happen if There Is a Custody Battle Between Unmarried Parents?
Idaho law requires that all court decisions about child custody be made on the basis of the child’s best interest standard. This is the standard that also applies in cases in which the parents are not married to each other.
If parents who are not married to each other are not able to agree on a parenting plan for their child, they may go to court for a resolution of the issue. This inability to agree on an arrangement may be due to poor communication, disagreement on the issues, or even open hostility between the parents.
If the parties are able to agree on a plan for custody and visitation, either parent may file a petition in court asking that the court approve the plan they propose. They may also file for sole custody or visitation and not include any plan.
The custody case then proceeds to a hearing or trial. If the parties are able to negotiate an arrangement before the hearing ends, they can request that the court review, approve, and adopt the settlement as a court order. If the parties do not agree on a settlement, the contested hearing continues to its conclusion.
The hearing resembles a trial in court. There is no jury; judges hear family law cases. Even if a person represents themselves in court, they are expected to comply with the rules of evidence and other rules of procedure. The parents may testify and may call other family members as witnesses.
After hearing all the witnesses and reviewing all the evidence, the court makes child custody decisions according to the child’s best interests. The court may decide that either parent should have sole custody and other visitation. Or the judge may decide on shared custody. The court decides on both legal and physical custody. Whatever its decision, the court decides the parenting time schedule that both parties are to follow.
What Are Some Other Issues That Unmarried Parents May Experience?
If an unmarried mother were to abandon, neglect, or abuse her child, then she might lose primary custody to the father. Again, however, this would require that the unmarried father has established his paternity in a legally acceptable way. The child will be put in foster care if the father has not established paternity.
Unmarried parents also have the same right as married parents to negotiate a parenting agreement for themselves. The agreement would specify how the parents would manage custody of their child, visitation, and all the other legal issues involved in the care of their child.
The agreement should address the two kinds of custody, both physical and legal. A good parenting plan would include a process for the parents to use if they share joint legal custody and make decisions together.
With respect to legal custody, the plan might provide that one parent or the other would have the final say regarding decision-making if the parents are not able to come to an agreement. It might also include a process for altering the plan if the need should arise, e.g., if one parent wants to move out of the state.
Of course, a complete parenting plan would have to address the issues of child support and how all of the costs associated with child rearing would be paid by the parents. It would also state how agreements regarding finances might be changed.
A legal consultation with a Idaho attorney would be able to help an unmarried couple negotiate a parenting plan. Mediation is a process that might also give unmarried parents the chance to come up with a plan that works best for them.
The main goal is for the parents to agree on all plan terms. They would then submit their plan to a court. The court would review the plan. If the court thinks that the plan serves the best interests of the child, the court would include it in a court order. The court would then enforce the order if either parent were to violate its terms.
Do I Need an Attorney for Child Custody Between Unmarried Parents?
If you are the parent of a child who is not married to the other parent, you want to talk to an Idaho child custody lawyer. LegalMatch.com can connect you to an experienced lawyer who can explain how to establish paternity and how to handle getting a workable parenting plan in place. Your lawyer will make sure that your rights are respected in the process.
