Family Law Blog

What Can an Unmarried Parent Do For Child Visitation?

Friday, February 23, 2018

For married parents that decide to split up, the divorce process includes proceedings to decide what happens to the children. However, for parents that never married, they do not need legal proceedings in order to stop seeing each other. The major downside of this is there is no legal order in place that says one parents has to let the other see their kids. However, while nothing legal may not be in place, unmarried parents do have options to put something in place so they can continue to have parental rights.

Establishing Paternity

By default in almost every state, the mother will have primary custody of her children in the event of an unmarried split. However, if the father files a paternity action in court to declare legal paternity, this will give them rights to have visitation or custody of the child. This will involve a paternity test as well as a public declaration before the court that you claim your paternal rights.

Establishing Custody or Visitation

The courts will always work within what is the best interest of the child, and most courts view a meaningful relationship with both parents as in the best interest. If you seek to take primary custody, the legal battles will be a little more complicated. You need to prove why the primary custodial parent is unfit and why living with you would be better for the child. However, if you are merely seeking joint custody or even just visitation, the court process will be significantly easier as the courts often want children to spend time with both their parents.

Both custody and visitation will have time schedules that are laid out with input by both parents, but ultimately approved by the courts. This will also include certain stipulations in which the primary custodial parent will need to make the other parent aware of such things like relocation since they will officially have legal parental rights like parents who had been previously married.

Are you an unmarried parent going to through a split and wondering how you can keep in touch with your kids? Contact us today to see what Jamra & Jamra can do to make sure your kids stay in your life.