How Can An Unmarried Woman Gain Custody Of Child

A custody question can arise when determining which parent will be given custody of a minor child. When a baby is born to an unmarried mother, she has initial sole legal custody of the child. If the father wants to be recognized by the court as a legal parent, he must sign a form acknowledging paternity once the child has been born. The most common reasons that men may want to establish paternity is so that they can seek custody or visitation rights.

Custody Decisions and Unmarried Parents

Most family courts base their custody decisions on who has been taking care of the child most of their life. If the father has been the primary caregiver during this time, it may be hard for a woman to gain custody if she didn’t already have physical or legal custody. An unmarried father may try to prove that the mother is unfit or has abandoned the child in order to win custody for himself. If he can present evidence to the court showing that the mom is a habitual drug or alcohol abuser, she could be in danger of losing custody temporarily.

Custody Disputes

When unmarried parents engage in a custody dispute, the court may require the couple to resolve their differences through arbitration or mediation. Many jurisdictions offer help from a third party to assist the parents when acting in the best interest of the child. If they are unable to come to an agreement, a family court judge will step in to obtain a resolution.

Cohabitation of Parents

If both parents are living together and there is no formal custody arrangement in place, neither parent can arbitrarily take the baby and leave. Under the eyes of the law, both parents have equal custody rights. However, if paternity has not been established, the father could be in jeopardy of losing his child until such time as paternity is proven.

Risk of Harm to the Child

Domestic abuse is often a reason the mother may try to obtain sole custody. It will be necessary to present compelling evidence showing that the father may be harmful to the child. If he has a criminal record consisting of violent offenses, the judge may consider granting sold custody to the mother. Each state has it’s own rules, so it’s important to find out what the legal statutes are where you reside.

Regaining Custody of Your Child

It is not uncommon for women to lose custody of their children, especially when they are unmarried and don’t have the financial resources to withstand a custody battle with the father. There have been cases where women were unable to stay sober or provide a stable home environment. Once they have lost custody, they still have a chance to regain it in the future. A judge may order the mother to seek treatment in a rehabilitation facility for drug or alcohol treatment. Once a mother has completed the program and can prove that she is sober, the judge will consider giving her custody again. Most family courts want both biological parents to be involved in raising their children and are often willing to reconsider custody arrangements when an individual has demonstrated that they are truly serious about being a good parent.

Consult a Family Law Attorney for Help

The laws governing child custody can be extremely complex. An unmarried woman who wishes to seek child support from the father must be able to prove to the court that he is indeed the father. Unless this is done, the court will not order child support be given to the mother and no visitation will be given to the father. Whenever you are faced with legal matters involving children, it is best to consult with a family law attorney for answers.

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