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Child Custody For Unmarried Parents

Not married? Family law is much more than just divorce. This may come as a surprise, but around 1/3 of our clients are unmarried parents. The same laws that govern parenting plans, custody, child support, visitation, and the rest apply whether the parents are married or not.

Are Custody Laws the Same?

Yes, custody is based on the best interest of the child, and the court wants both parents involved in a child's life.  It's that simple. It’s rare to award one parent total control, except in cases of abuse or neglect. The caveat is that paternity has to have been established.

If fathers were not married to the mother of their child, THEY DO NOT HAVE LEGAL RIGHTS as a parent UNTIL paternity is proven

Generally speaking, a paternity affidavit is signed at the hospital when the child is born, but if that didn't happen, there are other ways to prove paternity.

When deciding on child custody, courts consider the same factors in cases where the parents are divorcing, dissolving a domestic partnership, or otherwise separating.

It’s rare to award one parent total control.

In the end, the best interests of the child take precedence over all other concerns.

Related Reading: What's in A Parenting Plan?
Related Reading: What to Expect From Child Custody Hearings

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