Parents have legal rights to make decisions for and about their children, often referred to as child custody. There are situations in which child custody is determined by a court.
In these cases, a court will provide a child custody order that details each parent’s responsibilities and rights related to the child, including where the child will live most of the time.
The two parents may be classified as a custodial parent and a noncustodial parent. The custodial parent is awarded the majority of the rights over the child and is the parent with whom the child will live for most of the time.
This custodial parent is the individual who is responsible for the day-to-day care of the child and for decisions regarding their:
- Healthcare
- Education
- Religion
- Various other decisions
The other parent, the noncustodial parent, will usually be given visitation rights. It is common for a noncustodial parent to be required to pay child support to the custodial parent.
In cases of unmarried parents, the biological father will be required to establish paternity in order to obtain legal rights related to their child. Paternity can be easily established if the father puts their name on the child’s birth certificate at the time of their birth.
Doing so will give the father the legal ability to request custody and visitation rights. If the father establishes paternity, they will be treated by a court as if they were a married father.
It is important to keep in mind that any time a court makes a decision about a child, it will use the child’s best interest standard.
This requires the court to do what is best for the child, even if that conflicts with the desires of the parents.
Can an Unmarried Father Take a Child from the Mother?
If the parents of a child are not married but the father has established paternity, both parties will have equal rights over the child unless otherwise ordered by a court. An unmarried father’s right over the child will depend on their legal classification as a biological father, which may be:
- Putative father: This individual claims to be a child’s biological father but has not legally established their paternity.
- Unmarried father: The law will often treat an unmarried father differently than a married father regarding paternity rights. An unmarried father is often defined as a biological parent who was not married to the child’s mother at the time of their birth.
- Presumed father: This individual is presumed to be a child’s father based on specific conditions, which may include:
- A child being born during or shortly after a divorce
- Paternity being acknowledged
- Openly treating the child as their own
If the father has established paternity and can show that the mother poses a serious risk of harm to the child, the unmarried father may be awarded sole custody or the mother may only be provided with supervised visitation. If an individual in New Hampshire has any concerns regarding their status as a parent, it is important to consult with a local attorney in New Hampshire for a legal consultation.
What Will Likely Happen if There Is a Custody Battle Between Unmarried Parents?
States have different child custody laws for unmarried parents that will apply, making it very important to consult with a local lawyer to determine which laws will apply. In most places, however, courts favor joint custody, as it helps preserve the child’s relationship with both of their parents.
There are some situations in which the court may name one of the parents as a custodial parent. When this occurs, the noncustodial parent will usually be given some type of visitation rights.
The noncustodial parent is usually only denied any visitation rights when they are deemed unfit due to physical abuse, substance abuse, or other issues. If paternity becomes an issue, the father may be able to petition the family court to establish paternity.
If the father already established paternity, as discussed above, this step would not be necessary. If, however, that was not done, a simple DNA test can be used to determine paternity.
Unmarried fathers who have established their paternity will have the same rights as married fathers. If the child’s parents are able to do so, they can avoid a custody battle by making their own custody agreement and submitting it to the court for approval.
Even if the parents are able to reach their own agreement, any child custody decisions will be made by the court according to the child’s best interest standard. The parents should also have their own legal representation when negotiating the terms of their custody agreement. A lawyer will help protect the parents’ rights and explain the consequences of the decisions they are considering.
What Are Some Other Issues That Unmarried Parents May Experience?
There are numerous issues that unmarried parents may encounter related to child custody. One of the main issues is paternity if it is not established.
Most states will allow the father to complete a voluntary acknowledgement of paternity, which is completed through a form that is signed by both the mother and the father. This form must be filed with the proper New Hampshire state office, usually the vital records office.
Once this document is processed, the father’s name will be included on the child’s birth certificate. The form may be completed at the hospital at the child’s birth or at a later date.
Unmarried parents must also figure out which parent will claim the child on their taxes each year, as only one parent is permitted to do so each year. Child support payments may also create tax issues, as they are not taxable on the recipient’s taxes and the payor cannot deduct them from their income taxes.
If one of the acting parents is not actually the child’s legal parent, such as a step-parent, they may not be able to make certain decisions on behalf of the child because the legal parents have priority. When possible, it is easier for the step-parent if they are able to adopt the child and become their legal parent.
Child support is often a major and possibly contentious issue, as custodial parents are entitled to receive these payments to help provide for the child. If, however, the child’s step-parent adopts the child, the other biological parent will no longer have to make child support payments.
Do I Need an Attorney for Child Custody Between Unmarried Parents?
If you are a parent who is not married to your child’s other biological parent who is having any issues related to child custody in New Hampshire, it is essential to reach out to a New Hampshire child custody lawyer. You should keep in mind that your child’s best interests will be considered above everything else, including your wishes.
Your custody lawyer will advise you about the New Hampshire laws that will apply to your case, how you can protect your interests and your child’s interests, and how you can protect your parental rights. LegalMatch is a great place to find your New Hampshire custody lawyer.
Using LegalMatch gives you access to a database of pre-screened and licensed attorneys who can assist you with your New Hampshire child custody issue. Just submit your concern on the website for free, and you will receive responses from member lawyers in around 24 hours.
