In Missouri, as in most other states, if both parents’ names do not appear on their child’s birth certificate, the parent who will be awarded custody rights will depend on different factors. If both of the child’s parents’ names appear on the birth certificate, both parents will have child custody rights.
In these situations, both of the child’s parents will have the right to make decisions about the child. In certain custody cases, the court will issue an order that documents each parent’s responsibilities over the child.
This can include which of the parents the child will reside with for the majority of the time. A court will often prefer to issue a joint custody order because it will provide the child with the best opportunity to preserve their relationship with both parents.
A court may decide it is necessary in some custody cases to name one of the parents as the custodial parent and the other as the noncustodial parent. A custodial parent has the majority of the rights to make decisions, including how to manage the child’s:
- Education
- Religion
- Healthcare
- Various other types of decisions
A noncustodial parent will most likely be given visitation rights with their child. This parent may also be required to make child support payments to the custodial parent to assist them in providing for the child’s basic needs, such as housing, clothing, and food.
In a situation where the parents were not married at the time the child was born, the name of the father may not have been included on the birth certificate. When this happens, the child’s father may have to legally establish paternity in order to obtain rights over the child.
Once the father establishes their paternity with the court, they can petition for visitation rights and custody rights. They will also then be treated by the court as if they were a married father.
When courts make decisions regarding children, they use the child’s best interest standard. This standard means that the court decides based on what would be best for the child, even if that decision is not the same as the parent’s wishes.
Can an Unmarried Father Take a Child from the Mother?
If a biological father establishes legal paternity over their child, they will have equal rights over the child unless there is a court order that provides otherwise. Whether or not an unmarried father can take a child from the mother will depend on the biological father’s legal status, which could be:
A presumed father is the individual who is presumed to be the child’s father based on certain facts, such as:
- The child was born at the time divorce proceedings were going on or a short time after a divorce occurred
- The father acknowledged their paternity
- The father openly treated the child as if it was theirs
An unmarried father is the child’s biological father who was not married to the child’s mother at the time of birth. A putative father is an individual who claims to be the biological father but has not legally established their paternity.
If a biological father legally establishes paternity, they can take steps to take the child from the mother, if necessary. This will require showing that the mother poses a risk of harm to the child.
In these types of cases, the father may request more visitation rights or even sole custody. Any parent, whether they are a child’s mother or father, should consult with a local attorney in Missouri for a legal consultation if they have any child custody questions in Missouri.
What Will Likely Happen if There Is a Custody Battle Between Unmarried Parents?
There are child custody laws for unmarried parents in most states. However, there are variations within these laws in each state.
Because of this, it is very important for residents of Missouri to obtain legal advice to determine which laws apply to their situation. As discussed above, many courts will prefer issuing a joint custody order that allows the child to preserve their relationship with both parents.
If there are any issues with the father’s paternity and the father is not married to the mother, they can request a DNA test in family court to establish their paternity. Once this is completed and paternity is established, they can request visitation and custody rights.
When this occurs, a custody battle may result, especially when the father requests additional rights over the child. Custody disputes can be resolved in several different ways, such as:
Before a court issues an order, the parties may be required to try and resolve the issue themselves using family mediation. During mediation, the mediator will help guide the parties towards their own resolution that they are both satisfied with.
If that is not possible, the parties will return to court and present their arguments. Following the hearing, the court makes a child custody decision based on the child’s best interest standard.
At any time during the process, the parents can also form an agreement of their own terms and submit it in writing for the court to approve. It is important to have legal assistance when doing so to make sure there will not be issues in the future.
If the agreement between the parents is approved, it becomes a legally binding court order. With any type of custody issue, the parties need to have their own legal representation to make sure that their rights are protected.
What Are Some Other Issues That Unmarried Parents May Experience?
Unmarried parents may also need to resolve other issues related to child custody that they may not have considered. One common example is income tax decisions.
The child can only be claimed by one of the parents on their income taxes for deductions each year. It is common for the parents to alternate the years in which they claim the child. If there are multiple children, the parents can agree on a fair division.
Child support is another common issue of contention in custody cases. Child support payment amounts may cause issues if they are late, not sufficient, or if the paying parent has trouble making their payments.
Do I Need an Attorney for Help with Child Custody Issues Between Unmarried Parents?
If you are dealing with any issues, questions, or concerns in Missouri related to child custody, it is important to reach out to a Missouri child custody lawyer. The decision made by a court can have a lasting impact on you and your child.
When you use LegalMatch, you will be able to find an attorney in your area who can start working to help you with your custody issue. LegalMatch provides access to a database of pre-screened and licensed lawyers in your area.
Simply submit your custody issue on the website at no cost in around 15 minutes. Within about 24 hours, you will receive responses from member lawyers in your area ready to start helping with your custody concerns.
