Child Custody Cases Outside of Divorce or Marriage

In a non-divorce child custody case, the options may be the same as in a child custody case involving divorce. Custody and visitation may be decided and agreed upon by the parent, or if necessary by a family court judge. The difference in a non-divorce child custody case is that the parents will not need to make decisions relating to other non custody issues such as spousal support or assets.

In all cases, the best interests of the child will be the court’s primary consideration concerning any custody dispute. This will prevail over the rights of mother or father. In addition, the courts will consider who the primary caregiver of the child is, the parents’ moral character, as well as the financial status of both parents.

Unmarried Parental Rights

Parental rights are the legal rights and obligations that parents have to their children. This includes making decisions regarding your child’s life, care, and protection. In a custody situation, this will include support and visitation.

Mothers vs. Fathers Rights

In a custody situation involving unmarried parents, the mother will generally have the primary custodial rights. This gives her the right to custody, care and control and therefore her rights will prevail over the father’s. In most cases, the father will not have primary custody unless he can prove that the mother is unfit or that she has abandoned the child.

A father can pursue a child custody action if he can prove he is suitable to be awarded custody. He will not generally win primary custody but will be able to establish visitation rights if he can prove he is a good father.

Using an Attorney

If you or someone you know is involved in a child custody situation involving unmarried parents, it is important to discuss the details of your situation with a lawyer that specializes in child custody cases. A lawyer will know the laws specific to your circumstances and will interpret how the courts generally rule regarding this particular type of case. The laws may vary from state to state and it is important to meet with a lawyer that has experience working with non-divorce child custody.

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