Child custody is a legal concept that provides parents with the right to make decisions regarding their children. In some situations, child custody decisions are made by a court.
In court-decided cases, the court will issue a child custody order detailing each of the parent’s responsibilities and rights related to their child. This may include where the child should live for the majority of the time.
Some courts will classify one parent as the custodial parent and one as the noncustodial parent. A custodial parent is the one who is given most of the rights over the child and the parent’s home, where the child will reside the majority of the time.
A custodial parent is also the parent who will be responsible for the day-to-day care of the child and any decisions about their:
- Religion
- Healthcare
- Education
- Various other decisions
The noncustodial parent, in most cases, will be awarded visitation rights. Noncustodial parents may also have to pay custodial parents child support to help care for the child.
With unmarried parents, a biological father will have to establish paternity if they want to obtain legal rights over their child. A biological father may establish his paternity by putting his name on the child’s birth certificate when they are born.
This will allow the father to request visitation rights and custody rights. Once the biological father establishes paternity, the court will treat them as though they are a married father.
It is essential to keep in mind that courts are required to use the child’s best interest standard any time they make decisions regarding children. This means that they have to do what is best for the child, even if that is different from the wishes of the child’s parents.
Can an Unmarried Father Take a Child from the Mother?
If an unmarried father of a child has established paternity, both of the parents will have equal rights related to the child unless a court has ordered otherwise. Unmarried fathers’ legal rights related to their biological children will depend on their status as a biological father, which may be one of the following:
Putative father
Putative fathers claim that they are the biological fathers of a child, but they have not established paternity.
Unmarried fathers
Unmarried fathers are usually defined under the law as biological fathers who were not married to the mothers of a child at the time the child was born.
Presumed fathers
These are individuals who are presumed to be a child’s father because of specific conditions, which may include:
- The child was born during or shortly following a divorce
- Paternity was acknowledged
- The individual openly treats the child as if it is theirs
Once a biological parent has established paternity, if they are able to show that the mother poses a risk of harm to their child, the unmarried father can be awarded sole custody, or the mother may only be awarded supervised visitation. If a Montana parent has any concerns about their parental status, they should contact a local attorney in Montana for a legal consultation.
What Will Likely Happen if There Is a Custody Battle Between Unmarried Parents?
Most states will have varying child custody laws for unmarried parents. This makes it very important to consult with a local attorney in order to determine exactly what the laws are that will apply.
Most courts in most jurisdictions will favor joint custody arrangements because they help preserve a child’s relationship with both of their parents. Some custody arrangements will include one of the parents being named as a custodial parent and one as a noncustodial parent.
In these situations, the custodial parent will make the day-to-day decisions for the child and the noncustodial parent will typically have visitation rights. If paternity is an issue in the case, an unmarried father can ask a family court for help establishing paternity.
This is normally done by completing a simple DNA test. Once an unmarried father has established paternity, they will have the same rights as they would if they were married.
If the parents have a custody battle, there are several ways it may be resolved. A custody battle can be avoided if the parents can make a custody agreement and submit it to the court for approval.
When parents can reach their own agreement, they can outline terms that fit their unique needs. When approving an agreement, a court will make child custody decisions based on the child’s best interest standard.
If an agreement cannot be reached, the parents may be ordered to attend alternative dispute resolution, such as mediation. This is a process held outside of court that attempts to help the parties reach an agreement on their own.
Each party should have their own attorney throughout any child custody case to ensure their rights are protected. A lawyer will also represent each parent during mediation and can help them reach an agreement on the issues.
What Are Some Other Issues That Unmarried Parents May Experience?
Unmarried parents may face numerous issues aside from child custody. There are several tax issues that unmarried parents must address.
One issue is that the unmarried parents must decide which one will claim the child on their income taxes every year because only one of the parents may do so each year. There can also be tax issues related to child support payments, as they are not taxed as income for the recipient, and the paying parent is not allowed to deduct them from their income taxes.
Another issue may arise if there is an individual acting as a parent to the child who is not actually their legal parent, such as a step-parent. In these situations, the step-parent may not be able to make decisions on behalf of the child because the legal parent has that right.
In cases where it is possible, it may be easier on the family if the step-parent can adopt the child and become their parent legally. If a child’s step-parent adopts them, the paying parent will no longer have to make child support payments.
Child support itself may be a major issue in child support cases, as one parent may not be able to make payments, or the payments may not seem sufficient for the receiving parent. A custodial parent is entitled to receive child support payments, usually monthly, from a noncustodial parent in order to help provide for the basic needs of the child.
Do I Need an Attorney for Child Custody Between Unmarried Parents?
If you are an unmarried parent in Montana and you have issues, questions, or concerns related to child custody, it is important to consult with a Montana child custody lawyer. It is important for you to remember that a court will always consider your child’s best interests above anything else, including your desires.
A custody attorney can explain the Montana laws that apply to your issue, how to ensure your parental rights are protected, and how the court will likely rule under the child’s best interest standard. LegalMatch can help you find your Montana custody lawyer.
By using LegalMatch, you will have access to a database of licensed and prescreened lawyers who will be able to help you with your child custody issue in Montana. All you have to do is submit your question for free online, and lawyers will respond in about 24 hours.
