Custody issues for unmarried parents differ significantly from parents legally married. Navigating family laws regarding such topics as custody, visitation, and support is an overwhelming process. A Louisiana family law attorney can help you with your case. An initial consultation is an important first step toward resolving matters involving your child.
Unmarried Fathers and Child Custody
One key difference between married and unmarried parents is that of child custody. For married couples, parenting rights are equal and immediate at the time of birth. For unmarried parents, all rights belong to the mother. Unmarried fathers have no legal rights to custody or visitation.
Fighting for the right to see your child is possible with the help of a Louisiana lawyer. At the core of custody issues is the matter of paternity. There are several types of paternity:
- Putative father: A man who is alleged to be the child’s biological father but whose legal paternity has not been established.
- Alleged father: A man who alleges to be the biological father but whose legal paternity has not been established.
- Acknowledged father: A man who acknowledges paternity by signing an acknowledgment of paternity.
- Adjudicated father: A man who has been adjudicated by the court to be the father.
- Presumed father: A man who is recognized as the child’s father until the status is rebutted or proven in court.
Establishing paternity is typically done at the time of birth. However, if this was not done for your child, a Voluntary Acknowledgement of Paternity form is available for the paternity process.
Until paternity is legally determined, a father has no rights, including visitation or important child care decisions.
The Rights of Unmarried Mothers
Unmarried mothers have immediate rights upon the birth of the child:
- Where to send the child to school
- When and where they receive medical care
- The right to relocate with the child
These are just a few examples of the types of rights mothers possess that unmarried fathers have no right to contest. Unfortunately, discovering that you have no rights until establishing paternity can cause anxiety and confusion.
A family law attorney can explain the process and stand by you as you pursue your right to see your child. An attorney can help you prepare the following information for your case:
- Finances
- Residency
- The moral character of each parent
The establishment of paternity is first. If you are unsure where to start your custodial journey, consider an initial case evaluation with a family law attorney today.
Child Support and Unmarried Parents
Paternity is at the core of issues involving child support. Even noncustodial parents must pay child support until the child finishes high school or reaches the age of 19.
The mother must establish paternity to pursue child support. A father may comply voluntarily, or the mother can file a lawsuit demanding DNA testing. Once paternity is established, the amount set by the family law court depends upon various factors, including the father’s income.
Court-ordered child support is a serious matter that parents must follow. Failure to comply with the court can result in garnished wages and possible jail time.
Child support is generally a given outcome of paternity testing; however, it does not include custody or visitation rights. To learn more about child support and child custody issues, seek help from a Louisiana family law attorney.
When to Seek Legal Help With Your Child Custody Case
Child custody issues are highly emotional, regardless if you are unmarried or facing a divorce. Therefore, the moment you foresee an issue with paternity, custody, visitation, support, or other issues is the moment you should contact a family law attorney.
Issues involving child custody are generally complex, making it imperative to discuss your case with a lawyer soon. In addition, if your unmarried custody issue involves a child living in another state or internationally, the process is even more challenging.
Mediation is sometimes an option for resolving child custody cases. However, if mediation is not a possibility or successful, proceeding to court requires careful preparation.
Seeking legal help for your child custody case can afford you peace of mind. A family law attorney understands the legal process and can manage the details of your case — allowing you more time to focus on your daily tasks.
Protecting Your Best Interests as an Unmarried Parent
A child custody issue is a stressful experience as you await paternity tests results and court dates. However, as an unmarried parent, pursuing custody and visitation rights is easier with a family law attorney by our side.
Protecting your best interests now can intentionally benefit you later. While there is no way to determine the outcome of your case, fighting for the best outcome possible now means obtaining representation that understands family law.
If you are an unmarried father, you must fight for your rights. Earning the right to see your child is where the law office of Stephenson, Chavarri, & Dawson, LLC can help you.
Contact Stephenson, Chavarri, & Dawson, LLC Today
At Stephenson, Chavarri, & Dawson, LLC, we put our experience to work for clients seeking child custody. A diverse and multi-lingual firm, we aim to serve the needs of parents in the New Orleans region, throughout Louisiana, and beyond.
According to the Pew Research Center, nearly one-quarter of all children in America live with one parent. If you desire a relationship with your child and you are unmarried, we can help you.
Family law courts place great emphasis on doing what is best for the child. As family law attorneys, we help unmarried parents fight for their right to help raise the child in a healthy and happy way.
Time is of the essence. Take the first step toward a possible relationship with your child by contacting us today. Contact us online or call 504-523-6496 today for help with your unmarried custodial rights.
