When the names of both of a child’s parents are listed on their birth certificate in Vermont, which parent will have custody will be based on different factors. If both parents are listed, they will have child custody rights over the child, which means they will have rights to make decisions about their child.
In some custody situations, a court will need to issue a court order that outlines the parent’s responsibilities related to their child, including which parent they will live with most of the time. The majority of courts prefer to provide a joint custody order because it will provide the child with the best chance to preserve their relationships with both parents.
In certain custody cases, the court may deem it necessary to name one parent as a custodial parent and one as a noncustodial parent. Custodial parents are those parents who receive the majority of rights related to the child, such as making everyday decisions about their:
- Healthcare
- Education
- Religion
- Various other decisions
Visitation rights are usually awarded by a court to the noncustodial parent. The noncustodial parent is often required to pay child support to the custodial parent to help provide for the basic needs of their child.
The child’s parents might not have been married when the child was born, and the father’s name was not listed on the birth certificate. In that case, the biological father must legally establish paternity if they want to obtain legal rights over their child. Establishing paternity will allow the child’s father to petition the court for visitation and custody.
When the child’s biological father establishes their paternity, they are treated by the court in the same way as married fathers. Whenever a court makes any type of decision involving a child, it is required to follow the child’s best interest standard.
This rule requires courts to order what will be best for the child, even if that does not match what the child’s parents want.
Can an Unmarried Father Take a Child from the Mother?
Once the biological father has established their paternity, both of the child’s parents will have equal rights over the child unless the court provides an order that says otherwise. Whether or not the unmarried father will be able to take the child from their mother will depend on the biological father’s legal status, which may include being an unmarried father, a putative father, or a presumed father.
An unmarried father is defined as the biological father of a child who was not married to the child’s mother. A putative father is a man who claims to be a child’s biological father, but they have not established their legal paternity.
An individual will be a child’s presumed father when certain factors are present, such as:
- Their child was born during a divorce proceeding or shortly following a divorce
- Paternity was acknowledged by the father
- The father openly treats the child as their own
Once the biological father has legally established their paternity, they can petition and demonstrate to a court that the mother of their child poses a risk of harm to the child. Based on this, the father can request supervised visitation for the mother or even sole custody.
If a parent has any questions or concerns related to their legal status, they can reach out to a local attorney in Vermont for a legal consultation.
What Will Likely Happen if There Is a Custody Battle Between Unmarried Parents?
Certain child custody laws for unmarried parents will apply in the majority of states, but they may vary between states. Due to the possibility of differences between states, it is essential for a Vermont resident to consult with a lawyer to determine exactly what laws will apply in the case.
As discussed above, the majority of courts will prefer to issue joint custody orders allowing children to preserve their relationships with both parents. Certain cases, however, will require the court to name one parent as the custodial parent and the other parent as the noncustodial parent.
A custodial parent is the individual responsible for the daily responsibilities related to raising a child. Noncustodial parents are usually provided with visitation rights.
If any issues arise that are related to paternity, an unmarried father can ask a family court to establish their paternity, which is usually done by a DNA test. After the child’s father establishes their paternity, they will be able to legally request custody and visitation.
Child custody-related requests can cause custody battles between the parents. A custody battle can be resolved in several different ways, including:
- In court
- Using alternative dispute resolution, such as mediation
- The parents reaching their own agreement
When a custody case goes to court, the court will listen to arguments made by both parents. Any of the court’s child custody decisions will be based on the child’s best interest standard.
During the case, the court may require the parties to participate in an alternative dispute resolution method, such as mediation. During mediation, a mediator, or neutral third party, works with the parents to try and resolve the issue outside of court.
In some situations, the parents may be able to reach a custody agreement on their own to be approved by a court. Once a court approves a custody agreement, it will be legally binding on both of the parents.
With any type of child custody issue, both of the child’s parents should have their own legal representation in order to make sure their rights are protected throughout the custody case as well as during alternative dispute resolution processes.
What Are Some Other Issues That Unmarried Parents May Experience?
Unmarried parents often experience other issues related to child custody cases. For example, a child can only be claimed by one of the parents on their income taxes every year.
It is also important for parents to be aware that child support payments are not taxed as income and cannot be deducted by the paying parent. The parents can come to an agreement regarding claiming the child on their taxes and include that in their custody agreement.
Another issue that is common in child custody cases is child support. Child support issues can become contention, especially in cases where the paying parent states they are not able to pay the required payments to the receiving parent.
Do I Need an Attorney for Child Custody Between Unmarried Parents?
If you have any concerns related to child custody in the State of Vermont, you should consult with a Vermont child custody lawyer. Decisions made in child custody cases can have serious and long-lasting implications for all of the individuals involved.
By using LegalMatch, you can find a lawyer in your area who is ready to help you resolve your child custody issue. LegalMatch has a large database of licensed and prescreened lawyers who are ready to begin working on your custody issue.
You can submit your custody concern to LegalMatch at no charge in just a few minutes. In about 24 hours, you will receive responses from attorneys in your area who can help you.
Last Updated: Jun 19, 2024
