Parents have the right to make decisions regarding their children, which is often referred to as child custody. A child custody order will outline the responsibilities of each parent for making decisions for their child, including where they will be living most of the time.
The parent who is awarded the majority of the rights over the child and whom the child will live with most of the time is called the custodial parent. The child’s other parent is called the noncustodial parent.
Custodial parents handle day-to-day issues involving the child, such as making decisions about their:
- Healthcare
- Religious indoctrination
- Education
- Various other decisions
Typically, noncustodial parents are given visitation rights with their children. In addition, they may have to pay child support to the custodial parent.
An unmarried mother will automatically have sole custody of their children. Fathers, however, can establish paternity and have legal rights related to their children.
A father can easily establish paternity by putting his name on the child’s birth certificate at their birth. This will allow the father the ability to petition for custody and visitation rights.
Any type of decision that is made involving a child, such as visitation and custody, will be made according to the child’s best interest standard. Under this standard, what is considered to be best for the child will be considered over any preferences or wishes of their parents.
If a child’s father has established paternity, any disputes that arise involving child support and child custody will be treated as though the parents were legally married.
Can an Unmarried Father Take a Child from the Mother?
If a child’s parents are not married but paternity was established, both of the parents will have equal rights to the child unless the court orders otherwise. The child’s mother may be able to show that the father poses a serious risk of harm to the child. If this is the case, a court may order that the father only has supervised visitation or, in extreme cases, may award sole custody to the mother.
The rights which are given to fathers will depend on their legal classification, which may be one of the following:
- Presumed father: This is typically the individual who is presumed to be the father based upon certain conditions, including:
- If a child is born during or shortly after a divorce, the husband of the marriage will be considered to be the child’s father
- When the presumed father openly treated the child as if it was his own, for example, by receiving the child into his home
- When the presumed father voluntarily acknowledged paternity
- Putative father: A putative, or alleged father, is typically defined as an individual who claims to be the child’s biological father but has not legally established their paternity.
- Unmarried father: The law will usually treat an unmarried father differently than a married father in relation to paternity rights. An unmarried father is usually defined as the child’s biological parent who was not married at the time of their birth.
In order to establish paternity, an unmarried father has to sign an acknowledgement of paternity or put their name on the child’s birth certificate. Once this is done, the father will also have legal obligations for caring for their children, such as paying child support, if ordered.
If an individual in Ohio has any questions regarding their status as a child’s parent, they should reach out to a local attorney in Ohio for a legal consultation.
What Will Likely Happen if There Is a Custody Battle Between Unmarried Parents?
The child custody laws for unmarried parents are different in every state, so an individual should consult with a local lawyer to determine which laws will apply in their situation. Generally, however, most courts favor ordering joint or shared custody to preserve the child’s relationships with both parents.
Some courts will award joint custody and will name one of the parents as the custodial parent. It is only in rare situations that the noncustodial parent is not awarded any visitation rights at all.
This will only happen if the noncustodial parent is deemed to be unfit because of issues such as substance abuse, physical abuse, or other similar issues. In situations where the parents are able to do so, they can draft their own agreement that will meet their unique family needs and request that the court approve it.
Even when parents do draft their own agreements, any child custody decisions made by a court are made using the child’s best interest standard, as noted above. It is very important that both parents have legal representation throughout the custody case, including when negotiating their custody agreement, because an attorney can help them understand the consequences of the possible decisions they make.
What Are Some Other Issues That Unmarried Parents May Experience?
One of the biggest issues that unmarried parents will face is paternity. Most states will allow the parties to complete a voluntary acknowledgement of paternity, a form signed by both the mother and father.
This form must then be submitted to the proper state office, which is usually the vital records office. Once this document is processed, it will put the father’s name on the child’s official birth certificate. This form can be completed at birth or later in the child’s life.
Taxes are another issue that unmarried parents must handle. Only one of the parents can claim the child on their taxes every year. Additionally, child support payments are not taxed and the payor cannot deduct them from their taxes.
An additional important issue that unmarried parents must handle is child support. Custodial parents are entitled to receive child support payments to help care for and raise the child. It is important to note that, if a child’s step-parent adopts them, the other biological parent will no longer be responsible for having to make child support payments.
If the unmarried parents do not live in the same state, they may encounter jurisdiction issues. These will be governed by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which provides that the home state of the child is the state court that will have jurisdiction over custody issues.
Do I Need an Attorney for Help with Child Custody Issues Between Unmarried Parents?
If you are an unmarried parent who is having child custody issues in the State of Ohio, it is very important to reach out to an Ohio child custody lawyer. It is important to keep in mind that your child’s best interests will always be considered above your own preferences.
Your attorney will help you throughout what can be an extremely stressful but very important process. Having a lawyer gives you the best chance at resolving the issue in a way that is acceptable to everyone involved.
LegalMatch is an excellent resource for finding an Ohio lawyer who can help you resolve your custody issue and protect your parental rights. You simply submit your issue or question online, and you will receive responses in about 24 hours from pre-screened and licensed attorneys who are ready to begin helping you resolve your Ohio child custody issue.
