The legal right of a parent to make decisions regarding their child is called child custody. A court order usually outlines child custody arrangements, including which parent is responsible for making decisions for the child as well as where the child will live most of the time.
The parent who is awarded the majority of the rights over their child and with whom the child resides most of the time is called the custodial parent. This is the parent who takes care of the everyday issues of the child and who makes decisions about:
- Religion
- Education
- Healthcare
- Other decisions that are usually made by the primary caretaker of a child
The other parent, called the noncustodial parent, is typically awarded visitation rights. A noncustodial parent may be required to pay child support to the custodial parent.
In Kentucky, the biological mother of a child who is born to unmarried parents is the default legal custodian. An unmarried father does not have any initial rights to parenting time or custody, but they do have the right to pursue these rights.
If the unmarried father is able to establish paternity, they will obtain legal rights related to the child. Unmarried fathers 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.
Any decision that is made about a child by a court, including custody and visitation, will be made using the child’s best interest standard. Under this standard, whatever is in the best interests of the child takes precedence over the wants or needs of the parents.
After an unmarried father establishes paternity, any disputes that arise that involve child custody or child support may be treated as though the parties were married. Because of this, even if a mother does not want to share parenting time with the father, a court would likely draft a custody order that preserves both parental relationships.
Can an Unmarried Father Take a Child from the Mother?
The rights of an unmarried biological father in the State of Kentucky will vary depending on the father’s legal classification, which may be:
- Putative father: The father claims to be the biological father but has not legally established paternity;
- Presumed father: The father is presumed to be the father based on certain facts, such as:
- They voluntarily acknowledged paternity;
- The child was born during or shortly after a divorce, and the husband of the marriage is considered the father;
- The father openly treats the child as if the child were his own;
- Unmarried father: Unmarried fathers are a child’s biological parent who were not married at the time they were born;
- The unmarried father has to put his name on their birth certificate or sign an acknowledgment of paternity affidavit to establish their rights legally;
- Once the unmarried father has been deemed the child’s biological father, they will then have the full legal obligations of caring for the child, which include paying child support.
If an individual in the State of Kentucky has any questions about their status as a parent, they should consult with a local attorney in Kentucky for a legal consultation.
What Will Likely Happen if There Is a Custody Battle Between Unmarried Parents?
Child custody laws for unmarried parents may be different in different states. As a result, it is essential to consult with an attorney to determine what exact laws will apply.
In most cases, a court will order joint or shared custody. Usually, one of the parents will be deemed the custodial parent.
It is very uncommon for non-custodial parents not to be awarded any visitation rights. This usually only happens in situations where one of the parents is deemed to be unfit based on substance abuse, physical abuse, or other issues.
If any paternity disputes do arise, a parent can ask the family court to establish paternity. This is only required if the father’s name was not put on the birth certificate or if the father did not sign a voluntary acknowledgement of paternity. This may be done using a DNA test.
A voluntary acknowledgement of paternity has to be filed with the correct state office, typically the vital records office. Once it is filed, the father’s name will be put on the child’s official birth certificate.
Once paternity has been established, as noted above, an unmarried father will have the same rights as a married father. When the child’s parents can agree, they can avoid a custody battle and draft their own custody agreement to be approved by the court.
If an agreement can be made, a court will still use the child’s best interest standard when making any type of child custody decision, including approving a custody agreement. Both of the child’s parents should be represented by legal counsel during custody cases, including when drafting a custody agreement.
Lawyers can help all of the parties ensure they understand the consequences of the possible decisions they can make and ensure their rights are protected.
What Are Some Other Issues That Unmarried Parents May Experience?
Taxes are one major issue that unmarried parents may face. This is because only one of the parents can claim the child on their taxes each year.
This is something that the parties can include in their agreement. Otherwise, the court may include it in a custody order.
If an individual is a step-parent to a child and not a legal parent, it may not be possible for them to make certain decisions on behalf of the child because the legal parent has priority. It may be easier for the step-parent if they are able to adopt their step-child, giving them the right to act as their legal parent.
Another major issue for unmarried parents is child support. Custodial parents are entitled to receive financial support from noncustodial parents.
If a step-parent adopts a child, the parent who pays child support will be dismissed from having to make those payments. Jurisdiction is another major issue that can arise between unmarried parents who live in different states.
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) provides that a child’s home state will be the court that will have jurisdiction over child custody matters.
Do I Need an Attorney for Help with Child Custody Issues Between Unmarried Parents?
If you have any concerns, issues, or questions about child custody in the State of Kentucky, it is essential to consult with a Kentucky child custody lawyer. The best interests of your child will be considered above everything else, including your preferences and wishes.
Your lawyer will advise you which of the laws in Kentucky will apply in your case, how you can protect your interests and those of your child, and strategies that you can use to reach an agreement with the other parent.
LegalMatch has a database of prescreened lawyers who will be able to help you with your Kentucky child custody issue. Simply submit your issue at no cost on the website, and lawyers will respond within 24 hours. Having a lawyer handle your custody case will give you peace of mind during what can be a very stressful process.
