According to Maine’s child custody laws for unmarried parents, the unmarried father of a child may be legally named as the father of the child only after he establishes paternity. The mother of a child born to a couple outside of marriage will not be able to request a child support order until the father’s paternity has been legally established.
In fact, the child whose paternity has not been established legally does not have any legal right to inheritance or other financial benefits from their father.
If the father of a child who is not married to the child’s mother is named on the child’s birth certificate, then his paternity is established, and he has a legal right to custody or visitation. However, if the child’s mother does not agree to a plan for custody or visitation, the father would need to seek a court order regarding these issues.
The father would file a “Parental Rights and Responsibilities” (PR&R) case in a family law court in Maine. A PR&R case deals only with issues regarding the child. It is not like a divorce case that would deal with other issues, such as the division of property and the like. A local attorney in Maine would be able to provide more information.
It is always important to remember that there are two types of custody. One is legal custody, which is the authority of a parent, or parents, to make the important decisions about a child’s upbringing. These would be such decisions as what kind of education the child should have, whether the child is raised within a religious community, and what kind of medical care the child should receive.
Physical custody, on the other hand, refers to where the child lives, whether exclusively with one parent or with both at different times. It is possible to have different arrangements for legal and physical custody, depending on what is deemed to be in the best interests of the child.
Ideally, a father who wants to have an active relationship with his child would be able to work out an arrangement for custody or visitation with the child’s mother. However, in many cases, this is simply not possible.
If the father’s name is written on the birth certificate, his parental rights will hold equal weight to the mother’s in court. However, if the father’s name is not on the birth certificate, the father must first prove paternity to pursue any parental rights. If a father can prove paternity, he must then show the court that he is a suitable parent and capable of taking on custodial rights.
Single fathers are generally not granted primary physical custody of children when the mother is deemed a good parent. By securing his parental rights, however, the father may then be able to set up a legally binding shared custody arrangement or visitation schedule.
Can an Unmarried Father Take a Child from the Mother?
If a father is not identified as the father on a child’s birth certificate, he would not have standing to claim custody, whether physical or legal, or visitation. So, in effect, the mother would be under no legal obligation to give the father access to the child in the form of either custody or visitation. Essentially, unless the father establishes his paternity, the mother may keep the father away from the child.
The situation changes if the father establishes his paternity. He then would go to court to get custody and/or visitation. The court would decide what the parenting arrangement should be using the best interests of the child standard.
In Maine, generally, a single father is not going to be given sole or primary physical custody of a child if the mother is a fit parent. However, by establishing paternity and filing a PR&R case, an unmarried father may be able to set up a legally binding shared custody arrangement or visitation schedule.
What Will Likely Happen if There Is a Custody Battle Between Unmarried Parents?
In case any legal action should take place between the unmarried parents, whether it concerns child custody, visitation, or child support, neither parent of the child has a legal claim whatsoever in court unless paternity has been established after the birth of the child. So an unmarried father who wishes to assert a right to custody or visitation must first go to court to establish paternity.
In Maine, custody arrangements are characterized as either sole custody or joint custody. In a sole physical custody arrangement, the child lives with one parent and would probably have visitation with the other. In a sole legal custody arrangement, one parent would have primary responsibility for making the major decisions about the child’s upbringing.
When a court makes child custody decisions for unmarried parents in Maine, it applies the child’s best interest standard. This means that the court considers various factors that indicate the best interest of the child when making custody decisions. The main goal is to ensure the well-being and stability of the child.
Some of the factors that courts may consider include the following:
- Ability of Parent to Meet Child’s Needs: A court considers each parent’s ability to meet the child’s physical, emotional, and educational needs;
- Stability: The considers whether the parent can offer their child a stable home environment;
- Child’s Preference: If the child is old enough and mature enough to express their preference, a court would consider it;
- Current Relationship: The court would consider the status of the child’s current relationship with each parent;
- History of Violence and/or Abuse: A court would consider whether the parent has a history of domestic violence or substance abuse;
- Willingness to Collaborate: A court considers whether the parent is willing to cooperate and collaborate with the other parent and to promote the child’s positive relationship with the other parent.
It is important to note that the law in Maine does not give preference in awarding custody to one parent on the basis of their gender. Of course, once again, this assumes that the father’s paternity has been established.
Again, a court in Maine awards custody on the basis of the child’s best interest standard. However, the parent who has been the primary caregiver before a court hearing may be at an advantage. This is because a court would consider continuity of care to be positive. Also, the parent with the better existing relationship has an advantage.
It is essential for unmarried parents in Maine to be aware of these factors. If a parent wants to seek custody in a Maine court, they should be able to present their case so as to clearly show that they have the ability to give the child a stable and healthy home situation. Again, it would probably be helpful for an unmarried parent to have a legal consultation with an experienced Maine family law attorney.
What Are Some Other Issues That Unmarried Parents May Experience?
If the unmarried mother were to abandon their child or neglect or abuse the 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. This may be referred to as a “parenting agreement,” a “parenting plan,” or a “joint custody schedule.” 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, 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 the parents would pay all of the costs associated with child-rearing. 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 Maine 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 may then submit it to a court. The court would review the plan, and if it 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?
If you are a parent and you are not married to the other parent of your child, you want to consult a Maine child custody lawyer. LegalMatch.com can quickly connect you to an experienced lawyer who will protect your rights and help you achieve the relationship you want to have with your child.
