When a child is born to unmarried parents in Washington, and both parents are listed on the birth certificate, the mother automatically has sole legal and physical custody of the child, even if the father’s name is on the birth certificate. This means that the mother has the legal right to make all major decisions about the child’s upbringing, including where they will live, unless the father takes legal action to establish his custody rights.
However, this does not mean that the father has no rights at all. Under Washington law, even if the parents were never married, a father who has established paternity (usually by being listed on the child’s birth certificate or through a DNA test) has the right to seek custody or visitation through the court system.
To get custody or visitation rights, the father will need to file a petition with the court. It’s highly recommended that he seek the help of a local attorney in Washington who focuses on family law and child custody cases. An attorney can provide legal consultation to help the father understand his rights and the legal process he needs to follow.
The court will then make child custody decisions based on what is in the child’s best interest standard. This means the court will consider factors such as:
- The child’s relationship with each parent
- Each parent’s ability to care for the child
- The child’s needs and each parent’s ability to meet those needs
- The child’s relationship with siblings and extended family
- Each parent’s physical and mental health
- Any history of domestic violence or substance abuse
- The child’s wishes, if they are old enough to express a preference
Based on these factors, the court will make a custody determination. In many cases, the court will award the parents joint legal custody, which means they share the right to make major decisions about the child’s upbringing. The court may award one parent sole physical custody or the parents may share physical custody.
Along with custody, the court will also make decisions about child support. In Washington, both parents are expected to financially support their child. The court will calculate child support based on the Washington State Child Support Schedule, which takes into account factors like each parent’s income, the amount of time the child spends with each parent, health insurance expenses, and daycare costs.
It’s important to note that child custody laws for unmarried parents in Washington can be complex. That’s why it’s best for any unmarried parent who is facing a custody issue to consult with a local attorney in Washington who has experience with child custody cases. An attorney can provide valuable legal consultation and advice specific to your situation.
Can an Unmarried Father Take a Child from the Mother?
In Washington, an unmarried father cannot simply take the child away from the mother, even if his name is on the birth certificate. As mentioned earlier, if the parents were never married, the mother has automatic sole legal and physical custody of the child until a court order says otherwise.
If a father takes the child without the mother’s permission, it could be considered parental kidnapping. This is a serious crime that can result in criminal charges.
The only legal way for a father to get custody of the child is through a court order. If the father believes the child is in danger with the mother or that he should have custody for other reasons, he must file a petition with the court to seek custody. He must then prove to the court that awarding him custody is in the child’s best interest standard.
Again, it’s best that any father in this situation seeks the help of a local attorney in Washington who can provide legal consultation and guide him through the legal process of seeking custody the right way.
What Will Likely Happen if There Is a Custody Battle Between Unmarried Parents?
If two unmarried parents in Washington get into a custody battle, the case will be decided by the family court based on the child’s best interest standard, as discussed earlier. The court will consider all relevant factors to determine what custody arrangement will best serve the child’s needs.
In a contentious custody battle, the court may order a custody evaluation. This is where a mental health professional, such as a psychologist or social worker, will interview the parents, the child, and sometimes other relevant people like teachers or doctors. The evaluator will then make a recommendation to the court about what custody arrangement they believe is in the child’s best interest.
Custody battles can be long, expensive, and emotionally draining for everyone involved. They can also be damaging to the child, who may feel caught in the middle. That’s why it’s always best if the parents can come to an agreement on custody outside of court with the help of their attorneys or a mediator.
If the parents can agree on a parenting plan that outlines custody, visitation, and decision-making responsibilities, they can submit this plan to the court for approval. If the court finds that the plan is in the child’s best interest, it will sign off on the agreement, making it a binding court order.
However, if the parents cannot agree, the custody case will proceed to trial, and a judge will make the final custody determination after hearing evidence from both sides.
Regardless of whether the case settles out of court or goes to trial, having a skilled local attorney in Washington to provide legal consultation and representation can make a significant difference in the outcome of a custody case.
What Are Some Other Issues That Unmarried Parents May Experience?
In addition to custody and child support, unmarried parents in Washington may face several other legal and practical issues:
- Establishing Paternity: If the father was not present at the child’s birth and did not sign an acknowledgment of paternity, he may need to take a DNA test to legally establish that he is the child’s father. Establishing paternity gives the father the right to seek custody and visitation, but it also means he is obligated to pay child support.
- Parenting Plan Modifications: Even after a custody order or parenting plan is in place, circumstances can change. One parent may want to modify the plan, perhaps because of a job change, relocation, or concerns about the child’s well-being with the other parent. Modifying a parenting plan requires going back to court, and the parent seeking the change must show that it is in the child’s best interest.
- Naming Issues: Unmarried parents may disagree on what last name to give the child. In Washington, if the parents are unmarried, the mother has the legal right to choose the child’s last name. However, the father can petition the court to change the child’s last name, but he must prove that the name change is in the child’s best interest.
- Health Care Decisions: If the parents disagree on medical treatment for the child, the parent with legal custody has the right to make those decisions. However, if it’s an emergency situation, either parent can make the necessary medical decisions.
- School and Educational Decisions: Similar to health care, the parent with legal custody typically makes educational decisions, like where the child will go to school. However, the noncustodial parent has the right to access the child’s school records and to be involved in the child’s education.
- Traveling with the Child: If one parent wants to travel out of state or out of the country with the child, they generally need the written permission of the other parent. If the other parent refuses, the parent who wants to travel may need to go to court to get permission.
- Introducing New Partners: Introducing a new romantic partner to the child can be a sensitive issue, especially if the other parent has concerns about the partner being around the child. While there’s no specific law in Washington about when a parent can introduce a new partner, it’s generally best to wait until the relationship is serious and to discuss it with the other parent first.
These issues can be challenging, especially when emotions are running high. Having a local attorney in Washington to provide legal consultation and advice can be beneficial in these situations.
Do I Need an Attorney for Help with Child Custody Issues Between Unmarried Parents?
You might be an unmarried parent in Washington facing child custody issues. If this is the case, it is strongly recommended that you seek the help of a qualified local attorney in Washington who focuses on family law and child custody cases.
You can start your search for the right child custody attorney right now on LegalMatch. LegalMatch can quickly connect you with qualified local attorneys in Washington who focus on family law and child custody cases. Simply fill out a short case summary, and LegalMatch will match you with attorneys who are ready to help. You can review their profiles, read client reviews, and choose the attorney you feel is the best fit for your case.
Don’t face child custody issues alone. Find your Washington child custody lawyer through LegalMatch today and get the legal help you need to protect your rights and your child’s wellbeing.
