A parent of a child has the legal right to make decisions regarding that child. These rights are often referred to as child custody.
In some situations, custody may be decided by a court that provides direction regarding the responsibilities of each of the parents related to their child or children. The majority of courts favor orders for joint custody because it allows both of the parents more freedom in their decision making and preserves the child’s relationship with both parents.
In certain cases, a court will award one of the parents more decision-making rights, which is called the custodial parent. When this occurs, the other parent will be called the noncustodial parent.
The custodial parent is the parent who takes care of the day-to-day raising of the child, including making decisions regarding their:
- Religious indoctrination
- Healthcare
- Education
- Other important decisions
The noncustodial parent is awarded visitation rights in most cases. This parent is also usually required to pay child support to the custodial parent, who is intended to help care for the child.
If a father of a child is unmarried, he can establish paternity, which will provide him with the same legal rights over his child as if he were a married father. Paternity may be established in several ways, including:
- Putting his name on the child’s birth certificate
- Completing a voluntary acknowledgement of paternity
- A DNA test
By establishing paternity, an unmarried father will have the right to petition a court for custody and visitation rights. If a court makes any legal decision that involves a child, it will be under the child’s best interest standard.
This is a standard that requires the court to do what is in the best interests of the child, even if that is in conflict with the desires of the parents.
Can an Unmarried Father Take the Child from Their Mother?
The rights an unmarried biological father will have over their child will depend on their legal classification, which may be:
- Putative father
- Presumed father
- Unmarried father
Putative father
A putative father is someone who claims that they are a child’s biological father but who has not yet established paternity.
Presumed father
Presumed fathers are people who are likely to be a child’s father based on certain factors, including:
- The presumed father treated the child as though it was his own
- The individual was presumed to be the father and acknowledged paternity of the child
- They were the husband of a marriage in which a child was born during or shortly after a divorce
Unmarried father
An unmarried father is usually treated differently under the law than a married father. An unmarried father is typically defined as a biological father who was not married at the time of the child’s birth.
Once the unmarried father establishes paternity, they are required to fulfill all of the legal obligations that are related to caring for the child, which includes paying the custodial parent child support. The mother might be able to demonstrate that the biological father creates a serious risk of harm. In that case, the court may order supervised visitation for the father or award sole custody to the mother.
If an individual is an unmarried parent who resides in West Virginia has any concerns regarding their status as a legal parent, they should contact a local attorney in West Virginia for a legal consultation.
What Will Likely Happen if There Is a Custody Battle Between Unmarried Parents?
Each state in the country has its own child custody laws for unmarried parents. This makes it very important to consult with a lawyer in order to determine the details of what laws will apply in the case.
As discussed above, however, most courts prefer that parents have joint custody. When one of the parents is named the custodial parent, the noncustodial parent is often awarded visitation rights.
If an issue regarding paternity arises in a case, the father can petition a family court to have paternity established. A court may order a DNA test in order to determine paternity.
Once this is done, the parties may avoid a custody battle by working together and drafting their own custody agreement that fits their unique lives and situations. If a child’s parents can reach an agreement together, their lawyer will draft the agreement and submit it to the court to be approved.
Once the agreement is submitted to a court, the court will review it using the child’s best interests standard. Whether or not the parents are able to reach an agreement, it is essential for both to have their own legal representation.
Having attorneys will help make sure their rights are protected and provide them with advice regarding the consequences of the child custody decisions they may be able to make.
What Are Some Other Issues That Unmarried Parents May Experience?
There are also numerous other issues that unmarried parents might face. One issue is taxes, as only one of the unmarried parents can claim their child each year on their income taxes.
This issue can be resolved in different ways, depending on how many children the parents have. If there are two children, for example, each of the parents can claim one of the children each year.
If the unmarried parents only have one child, they can alternate years they claim the child on their taxes. Child support payments may also be a tax consideration.
Child support payments are not taxed as income on the recipient’s taxes. The parent who pays child support is not allowed to deduct those payment amounts from their income taxes.
The unmarried parent who is named as a custodial parent has a legal right to receive child support from the noncustodial parent. These payments are intended to help provide for the child’s basic needs, such as food, clothing, and shelter.
Do I Need an Attorney for Child Custody Between Unmarried Parents?
You could be an unmarried parent in the State of West Virginia who has concerns related to a child custody issue. If this is the case, it is very important to consult with a West Virginia child custody lawyer. It is always important to remember that a court will consider your child’s interests over your preferences when making any decisions.
Your attorney can explain what laws apply in your West Virginia case, how the court is likely to rule and help ensure that your parental rights are protected throughout the legal process. LegalMatch has a database of pre-screened lawyers who are available to help you with your issue.
All you have to do is submit your question or issue online. It only takes a few minutes and does not cost anything. After about 24 hours, you will get responses from lawyers in your area who are ready to help you resolve your legal issue.
With LegalMatch, you can have peace of mind knowing your case will be handled in the best way possible. Your lawyer can also assist you in coming up with a custody and visitation agreement with the child’s other parent that you are both satisfied with and fits your needs.
If you are ordered by a court to attend mediation or other types of alternative dispute resolution sessions, your lawyer will represent you during those meetings as well.
