If both parents are on a child’s birth certificate in North Dakota, which parent will have custody is determined by several factors. If both of the parents’ names are on the child’s birth certificate, they will both have child custody rights or the rights to make decisions about their child.
In some cases, a court will have to issue a child custody order that outlines the duties and responsibilities related to the child, including in whose home they will reside the majority of the time. The majority of courts favor joint custody arrangements that attempt to preserve the child’s relationships with both of their parents.
In some situations, a court will issue an order that names one of the parents as the custodial parent and one as the noncustodial parent. The custodial parent is the parent who receives the majority of the rights over their child, including the day-to-day decisions and care related to the child, such as their:
- Education
- Religion
- Healthcare
- Various other decisions
The noncustodial parent, in most cases, will be given visitation rights. The noncustodial parent may also be required to make child support payments to the custodial parent in order to help care for the child’s basic needs, including clothing, food, and shelter.
If the child’s parents were not married when the child was born and they did not put the father’s name on the child’s birth certificate, the father will have to establish paternity so they can obtain legal rights over their child. This will give the biological father the ability to ask for visitation or custody rights from a court.
Once the child’s biological father has established their paternity, the court will treat the unmarried father as if they are a married father. It is important to be aware that courts will be required to follow the child’s best interest standard when making any type of decision about the child.
Pursuant to this rule, the court is required to make decisions that are best for the child, even when those decisions do not align with the desires of the child’s parents.
Can an Unmarried Father Take a Child from the Mother?
If a biological unmarried father of a child has established paternity, both parents have equal rights over the child unless the court issues an order that states otherwise. Whether or not an unmarried father may be able to take a child from their mother will depend on the biological father’s legal status, which may include:
Unmarried father
Unmarried fathers are biological fathers who were not married to the mothers of the child at the time the children were born.
Putative father
Putative fathers are individuals who claim to be biological fathers of children but they have not yet established their paternity.
Presumed father
Presumed fathers are individuals who are presumed to be children’s fathers based upon certain circumstances, which may include:
- They acknowledged their paternity
- Their children were born during divorce proceedings or shortly after a divorce
- They openly treat the child as if it is their own
Once the biological father’s paternity is established, if they are able to show the court that the mother of the child poses a risk of harm, they can request supervised visitation for the mother or even sole custody of the child. If a Delaware resident has any questions or concerns about their legal status as a parent, they can consult with a local attorney in North Dakota for a legal consultation.
What Will Likely Happen if There Is a Custody Battle Between Unmarried Parents?
Most states have child custody laws for unmarried parents, but the details of these may be different in each state. Due to these possible variations, it is important for an individual to consult with a lawyer to determine the details of the laws that will apply.
As discussed above, the majority of courts prefer providing joint custody orders so parents can preserve their relationships with the child. There are, however, some cases that will require one of the parents to be named a custodial parent and one of the parents to be named a noncustodial parent.
In these situations a custodial parent will be in charge of the day-to-day-raising of the child. Noncustodial parents will usually be granted visitation rights.
If there is an issue about paternity, an unmarried father can request the family court to help them establish their paternity. This is usually done by a DNA test.
Once the father has established their paternity over the child, they will be able to request custody and visitation. These requests may result in a custody battle.
There are multiple different ways custody battles can be resolved. If the case goes to court, the court will consider the arguments of each of the parents and will make their child custody decisions based on the child’s best interest standard.
If the parents are able to compromise and to draft a custody agreement themselves, they can avoid a custody battle by submitting their agreement to the court to be approved. If the court approves the order, it will be legally binding on both of the parties.
By drafting their own custody agreement, the parents can define their roles and responsibilities as parents in a way that meets their own unique needs. If the parents are not able to reach an agreement on their own, they may be required to participate in mediation, an alternative dispute resolution proceeding that is conducted outside of the courtroom that can help the parties reach an agreement.
Throughout any child custody case, both of the parties should have their own attorneys to ensure that their parental rights are protected. The lawyers will also represent the parties during their mediation sessions and can help them draft their own custody agreement.
What Are Some Other Issues That Unmarried Parents May Experience?
In addition to these issues, unmarried parents may also face additional issues, including child support and tax-related issues. Only one parent is allowed to claim the child on their income taxes each year.
The tax issues that may arise related to child support include the payments not being taxed as income on the recipient’s taxes, and they cannot be deducted from the taxes of the parent who is making the payments. The child’s parents can address any tax issues in their custody agreement.
Another common issue in child custody cases is child support. Child support can be a contentious issue in these cases, especially if the paying parent claims they are unable to make the payments.
Do I Need an Attorney for Child Custody Between Unmarried Parents?
You may be an unmarried parent who lives in North Dakota and has issues, questions, or concerns related to child custody issues. In that case, it is important to consult with a North Dakota child custody lawyer. It is important to remember that any decision made by the court is based on your child’s best interests and not your requests or preferences.
LegalMatch can help you find the North Dakota child custody lawyer who best fits your needs. Using LegalMatch, you have access to a database of licensed and prescreened lawyers who can assist you with your issue.
All you have to do is submit your issue or concern on the LegalMatch website, and you will get answers from lawyers within about 24 hours who can help you resolve your case. It is very important to have a lawyer to help you with child custody issues, as the decisions made in these cases can have a great impact on the lives of everyone involved.
