In the State of Maryland, if both of the names of a child’s parents are not on their birth certificate, the parent who will be given custody rights depends on many different factors. When both of the names of the child’s parents are on the birth certificate, they will both have child custody rights.
In these types of situations, the child’s parents have the right to make decisions for and on behalf of the child. In some custody situations, a court will issue an order that explains each of the parent’s responsibilities related to their child.
The order often includes stating which parent the child will live with most of the time. Usually, joint custody arrangements are preferred by courts because they help to preserve the child’s relationship with both of their parents.
In certain situations, the court may name a parent as the custodial parent and the other parent as the noncustodial parent. Custodial parents are the ones who make the majority of the decisions about the child, which includes their:
- Religion
- Healthcare
- Education
- Various other types of decisions
Noncustodial parents are often awarded visitation rights, which provides them with regular interactions and time with their child. This parent may also have to make child support payments to the child’s other parent to help them with their child’s basic needs, which include food, clothing, and housing.
When a child’s parents were not married when the child was born, the father’s name may not have been listed on the child’s birth certificate. In this situation, the biological father will need to establish paternity legally if they want to obtain rights over their child.
This can include being able to petition a court for visitation rights and custody rights. When a court makes decisions on these issues involving children, they follow the child’s best interest standard.
This is a legal standard that requires a court to make a determination involving a child based on what is best for that child, even if that is not the same as what the parents were seeking.
Can an Unmarried Father Take a Child from the Mother?
Once a child’s biological father has established legal paternity, they will have the same rights over the child as the mother unless a court order is in place that states otherwise. If paternity is not established, whether an unmarried father can take their child from their mother depends on the legal status of the biological father’s legal status, which may include being:
- A presumed father
- An unmarried father
- A putative father
Presumed fathers are presumed to be the father of a child when certain things occur, such as:
- The father has treated the child as if it was theirs, including in public
- The child was born during the parents’ divorce proceedings or within a short period after the divorce
- The child’s father acknowledged paternity
Unmarried fathers are individuals who were not married to the child’s mother when the child was born. Putative fathers are individuals who believe they are biological fathers but have not established paternity.
When the child’s biological father establishes their paternity, they can then take the necessary steps to take their child from the mother if it becomes necessary. The father will have to show that the mother poses some type of risk of harm to the child.
Fathers in these situations can request sole custody or visitation rights, depending on the situation. If a father wants to establish paternity and seek more rights over their child, they should reach out to a local attorney in Maryland for a legal consultation.
What Will Likely Happen if There Is a Custody Battle Between Unmarried Parents?
In most states, including Maryland, there are child custody laws for unmarried parents. These laws, however, can be different in each state, so it is important for Maryland residents to reach out to a lawyer for advice on what laws will apply in their case.
As noted above, the majority of courts favor joint custody orders, which allow children to preserve the relationships they have with both parents. A father might have issues with establishing their paternity, and they are not married to the child’s mother. In this case, they can petition family court for a DNA test to establish their paternity.
Once this is done and the test establishes paternity, the father can ask the court for custody or visitation rights. When a father tries to obtain more rights over their child, it can cause a custody dispute.
Child custody disputes can be resolved in numerous different ways, which can include:
Before a custody order is issued by a court, the court may ask the parties to attempt to resolve the custody issues themselves through mediation. During the mediation process, the mediator guides the parents toward a resolution that they agree on and that they are both happy with.
When the child’s parents cannot reach an agreement, they may have to go back to court and present arguments regarding why they are requesting what they are from the court. After the court holds a custody hearing, it will issue its child custody decision.
At any point during the legal process, the child’s parents can come to an agreement on their own terms and submit their terms in writing for approval by the court. It is very important for a lawyer to write out their agreement and submit it to ensure that it contains all of the necessary language and that it will have the best chance of being approved by the court. If the agreement the parents reach is approved by the court, it will become a legally binding order.
What Are Some Other Issues That Unmarried Parents May Experience?
There are also other issues and considerations for unmarried parents who are dealing with child custody issues. Tax decisions and implications are one example of these issues.
On income taxes, only one of the parents is allowed to claim the child on their income taxes for deduction purposes. The parents can decide to claim the child in alternative years. Or, if there are multiple children, they can agree on a fair division, such as each parent claiming one child if there are two.
Custody cases also often involve issues with child support. The receiving parent may have issues if their payments are not enough or are late. The paying parent may have trouble if they cannot afford the amount they are ordered to pay.
Do I Need an Attorney for Help with Child Custody Issues Between Unmarried Parents?
If you are a Maryland resident who has any questions, issues, or concerns about child custody, you should consult with a Maryland child custody lawyer. Whatever decision a court makes will have an impact on you and your family.
If you choose to use LegalMatch, you can find a family lawyer in your area who can represent you in court, help you reach an agreement, or help resolve any other issues you may be having related to child custody. LegalMatch has a database of licensed and pre-screened attorneys near you.
In about 15 minutes and at no cost, you can submit your custody concern on the website. You will get responses from lawyers ready to help you resolve your custody concern within around 24 hours.
