In the State of Pennsylvania, if both parents’ names are on a child’s birth certificate, the parent that will have custody rights will depend on different factors. If both of the parents’ names appear, they will both have child custody rights over the child, meaning that they will both have rights to make decisions for the child.
In certain situations involving custody, the court will have to issue an order that outlines each parent’s responsibilities over their child, including which of the parents they will reside with the majority of the time. Most courts prefer to provide joint custody orders because they give the child the best opportunity to preserve their relationship with both of their parents.
In some custody situations, a court may find it necessary to name one of the child’s parents as their custodial parent and one as their noncustodial parent. A custodial parent has the majority of the rights over the child, which includes making decisions about their:
- Education
- Religion
- Healthcare
- Various other decisions
The rights that are typically awarded to noncustodial parents are visitation rights. A noncustodial parent is commonly ordered to make child support payments to the custodial parent in order to assist in providing for the basic needs of the child.
In some cases, the child’s parents may not have been married when the child was born, and the father’s name may not have been put on the child’s birth certificate. If this happens, the father will have to establish paternity if they want to have legal rights over the child.
After establishing paternity, the father can petition the court for custody and visitation rights. Once a biological father establishes their paternity, they will be treated by a court in the same manner as a married father.
Any time that a court makes a decision regarding a child, it has to use the child’s best interest standard. This standard provides that a court must make a decision based on what is best for the child, even if that decision does not align with the parent’s desires.
Can an Unmarried Father Take a Child from the Mother?
Once a biological father establishes paternity, both the father as well as the child’s mother will have equal rights over the child unless a court provides an order stating otherwise. If an unmarried father can take their child from the mother will depend on the legal status of the biological father, which may be:
- An unmarried father
- A putative father
- A presumed father.
Unmarried fathers are biological fathers of children who were not married to the child’s mother when the child was born. Putative fathers are men who claim to be biological fathers but have not established their legal paternity.
If certain facts exist, a father will be presumed to be a child’s father, including:
- Their child was born during divorce proceedings or shortly after a divorce occurred
- The father openly treated the child as their child
- The father did acknowledge paternity
Once a biological father legally establishes their paternity, they can file a petition with the court and show that the mother of their child poses a risk of harm to their child. In these situations, the father can request visitation rights or even sole custody rights over the child.
When a parent has concerns or questions about their legal status, they can contact a local attorney in Tennessee for a legal consultation.
What Will Likely Happen if There Is a Custody Battle Between Unmarried Parents?
There are child custody laws for unmarried parents that apply in most states, although they may be different in each state. Because the laws in each state may be different, it is very important for a resident of Tennessee to consult with an attorney in order to determine which laws will apply to the case.
As noted above, most courts prefer to issue a joint custody order that allows the child to preserve their relationships with both of their parents. In some situations, however, the court may have to name one of the parents as a custodial parent and the other parent as the noncustodial parent.
Custodial parents are the parents who are responsible for the daily care of a child. Noncustodial parents, on the other hand, are often provided with visitation rights.
If issues related to paternity arise, unmarried fathers can petition a family court to establish their paternity. This is typically accomplished using a DNA test.
Once the father establishes paternity over the child, they can legally request visitation and custody. Child custody issues and requests may cause a custody battle to arise between the parents.
If a custody battle does happen, it may be resolved in one of several ways, such as:
If a custody case does go to court, the court will hear the arguments of both of the parents. Any decision the court makes related to a child custody decision will be based on the child’s best interest standard.
The court may order the parents to participate in alternative dispute resolution, which may include family mediation. During a mediation, an individual called a mediator who is a neutral third party, will work with both parties to resolve their issue outside of the courtroom.
In some cases, the parents can reach an agreement about the terms of custody on their own. This agreement will be submitted to and approved by the court.
If the court approves their agreement, it will be legally binding on both of the parents. In any custody case, both parents should have their own lawyers to make sure that their individual rights are protected during any alternative dispute processes and in the courtroom.
What Are Some Other Issues That Unmarried Parents May Experience?
There can also be other issues unmarried parents can have during their custody case. For example, taxes are a common issue in these cases.
The child can only be claimed by one of the parents each year on their income taxes. The child’s parents can make their own agreement about who will claim the child on their taxes each year in their custody agreement.
Also, child support payments are not taxed as income on the recipient’s taxes. In the alternative, they cannot be deducted by the paying parent on their income taxes.
Another common issue in these cases that causes conflict is child support. Child support issues commonly cause disputes, especially when the paying parent claims they cannot pay what the court orders them.
Do I Need an Attorney for Help with Child Custody Issues Between Unmarried Parents?
If you have any questions or concerns about a child custody issue in Tennessee, reach out to a Tennessee child custody lawyer as soon as you can. The decisions made in your case may have serious and long-lasting implications for you and your child.
When you use LegalMatch, you can easily find an attorney near you who is ready to start working to resolve your child custody issue. LegalMatch gives you access to a large database of pre-screened and licensed attorneys at no cost.
Just submit your child custody issue on the website in around 15 minutes. Within about 24 hours, you will get responses from lawyer matches in your area who are ready to help.
