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Family Law Blog

The Path for Unwed Fathers to Get Child Custody

Wednesday, July 14, 2021

If you have a child without the bonds of marriage, only to split as a couple later, getting child custody can seem like a hopeless path. Although marriage is less important than it once was, the family court system still strongly favors the mother. However, the path for unwed fathers to child custody isn't completely out of reach.

Establishing Paternity

For married couples, paternity is always presumed unless evidence is presented otherwise. For couples without an official marriage, the opposite is the case. The first step in a child custody case for unwed fathers is to establish their paternity through a test.

Filing a Custody Case for Unwed Fathers

With your child's paternity unquestioned, you can file a child custody case. It is likely that you will be able to secure shared custody, but if you are concerned for your child, full custody is not impossible either. In these cases, you will need to present strong evidence of the mother's neglect and unfit parenting. It is particularly difficult for a father, wed or unwed, to get full custody, but if the courts have unquestionable evidence of unfit parenting for the mother, then they will grant it.

What Happens Next?

As we said before, once paternity is established, the road to shared custody at least is rather smooth. There will be some bumps, of course, especially when it comes to setting up a parenting plan. However, you will have the rights you are entitled to.

Learn More About the Path for Unwed Fathers to Get Child Custody

If you are a father that is seeking custody of your child, or just a parent that doesn't know where to start when it comes to child custody cases, we can help. Contact us today to see what the Law Office of Jamra & Jamra can do to help.