A parent’s right to make decisions regarding their children is called child custody. Orders governing child custody outline which of the parents are responsible for making certain decisions for their children and where their children will reside most of the time.
A custodial parent is the one who is awarded the majority of rights over the child and with whom the child usually lives with most of the time. The other parent is called the non-custodial parent.
The custodial parent handles the day-to-day care of the children and makes decisions about:
- Healthcare;
- Religious indoctrination;
- Education;
- Various other decisions made by the main caretaker of a child.
In most cases, a non-custodial parent will be awarded visitation rights. Also, they may be required to make child support payments to the custodial parent.
In the State of Pennsylvania, the mother is presumed to be the biological parent with a right to legal and physical custody. If the father establishes paternity, they will also have legal rights related to the child.
The father can establish paternity by putting their name on the birth certificate at birth or signing paperwork stating they are the father. This will allow them the ability to obtain custody and visitation rights.
Any legal decision that is made regarding a child, including 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 children will take precedence over the wants or needs of the parents.
If the child’s father establishes paternity, any dispute that arises over child custody or child support will be treated as though the parties were legally married. This means that even when a mother does not wish to share parenting time, the court will likely attempt to preserve both parental relationships.
Can an Unmarried Father Take a Child from the Mother?
If the parents of a child are not married but paternity has been established, both the mother and the father have equal rights until ordered otherwise by a court. If the mother is able to show that there is a risk that the father will cause serious harm to the child, a court may order supervised visitations or even award the mother sole custody.
The rights that will be given to a biological father will depend on their legal classification, such as:
- Putative father: A man who claims to be the child’s biological father but has not legally established paternity.
- Unmarried father: States usually define an unmarried father as the child’s biological parent who was not married at the time of the birth of the child.
- An unmarried father must put his name on the birth certificate or sign an acknowledgment of paternity to legally establish their rights.
- Once an unmarried father has been deemed to be the child’s father, they will have the full legal obligation of caring for the child, which includes paying child support.
- Presumed father: This individual is presumed to be the child’s father based on certain facts, such as:
- If a child is born during or shortly after a divorce and the husband of the marriage is considered the child’s father
- If the presumed father voluntarily acknowledges paternity
- If the presumed father openly treats as if the child were his own, for example, by receiving the child into his home.
If an individual in Pennsylvania has any questions regarding their status as a parent, they should reach out to a local attorney in Pennsylvania for a legal consultation.
What Will Likely Happen if There Is a Custody Battle Between Unmarried Parents?
Child custody laws for unmarried parents vary by state, so it is essential to consult with a local attorney to determine exactly which laws will apply. In most situations, a court will typically order shared custody.
In some cases, the court may award joint custody and name one of the parents as a custodial parent. It is very unusual for the other parent not to be given any visitation rights.
This will only happen in situations where the other parent is deemed not to be a fit parent based on substance abuse, physical abuse, or other issues. If paternity becomes an issue, the father may petition the family court to establish paternity.
This would only be required if the father’s name did not appear on the birth certificate or he did not sign an acknowledgment of paternity. A DNA test can be used to determine paternity.
Once paternity has been established, as noted above, the unmarried father has the same rights to the child as a married father. At this juncture, if the parties are able to compromise and be amicable with one another, they can avoid a custody battle.
If the parties can come to an agreement, they can draft their own custody agreement which meets their family’s unique needs and the court may approve it. Even in cases where the parties do establish their own custody arrangement, any child custody decisions will be made according to the child’s best interest standard.
Both parties should have legal representation during a custody case, including when drafting their custody agreement. Lawyers can help the parties understand the consequences of all of the scenarios they are considering.
What Are Some Other Issues That Unmarried Parents May Experience?
One of the main issues that unmarried parents will face is when paternity has not been established. Most states, including the State of Pennsylvania, will allow a voluntary acknowledgement of paternity, which is a form that is signed by both the mother and the father.
This form must be filed with the appropriate state office, which is usually the vital records office. Once this document is filed, the father’s name will be included on the child’s official birth certificate.
Another major issue unmarried parents face is to determine who will claim the child on their taxes. Only one of the parents is permitted to do so.
If an individual is not a legal parent to a child, for example, a step-parent, they may not be able to make decisions on behalf of the child, as the legal parent will have priority. When possible, it is often easier on a step-parent to adopt their step-child and act as their legal parent.
Another common issue is child support. In order to care for a child, a custodial parent is entitled to receive financial support from a non-custodial parent, even if those parents are not married. However, if a step-parent adopts the child, the paying parent will be dismissed from having to make child support payments.
Another issue that may arise in a custody case is jurisdiction. If the parties reside in different states, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) provides that the child’s home state is the court that has jurisdiction over child custody matters.
Do I Need an Attorney for Help with Child Custody Issues Between Unmarried Parents?
If you have any type of child custody issues, questions, or concerns in the State of Pennsylvania, it is essential to consult with a Pennsylvania child custody lawyer. It is important to keep in mind that your child’s best interests will always be considered above everything else, including your preferences.
Your attorney can advise you of the Pennsylvania laws that will apply in your case, how to protect both your and your child’s best interests, and strategies for compromising with the other parent so everyone can be satisfied with the arrangement.
LegalMatch provides a database of pre-screened member attorneys who can assist you with your Pennsylvania child custody question or issue. Simply submit your issue or question for free on the LegalMatch website, and attorneys will respond in about 24 hours to help you.
