Custody Terms for Unmarried Parents
By: SmithSEO | Posted: 03rd February 2010
When it comes to settling child custody disagreements, there can be many issues. This fact is true even more so for unwed parents. There are similarities for custody agreements for unmarried parents and divorced parents. However, there are important differences as well. When an unmarried couple wants to proceed with a custody agreement, understanding the rules and regulations are vital. A majority of these regulations also apply to parents who have been out of the picture so long periods of time.
Paternity
When it comes to child custody between married parents the paternity of the child is not an issue. However, situations that deal with unmarried parents a paternity test must take place before the case can move forward. This test is performed with the child's DNA tested against the potential father's DNA and the court allows these test results given the fact they are 99% accurate.
Court Orders
In order to have a legal basis for child custody and visitation a court order is required. This is because while the parents may agree on the arrangement for a while, it is not legally binding so neither parent is protected. Say for example an argument arises and the one parent decides to stop all visitations for the other, that's not fair to the other parent or the child. The courts have acknowledged that this happens on a consistent basis. The courts feel that it is in the child's best interest to have a court order to establish visitation and custody and keep it consistent for stability.
If you are an unmarried parent and you need to create a custody agreement, you will want to consult with a lawyer who specializes in family law. The custody agreements that are decided in a court of law are legally binding and violation of that agreement will have consequences. However, many believe that a parent who is absent for long periods of time are not eligible for custody or visitation. However, this is not always true. There are special circumstances for explaining a parent's prolonged absence that a court will take into consideration. Then there are other circumstances such as drug use or other illegal activities that can harm the other parent's possibility of custody or visitation.
What Is Relevant?
When making decisions in child custody cases, the courts take numerous factors into consideration. The most important factor the courts look at is the overall welfare of the child in question. Can the parent provide a stable home and are they able to take proper care of the child are questions they look at. More likely than not, a child psychiatrist is appointed by the court to determine which outcome is best from an emotional aspect.
In child custody cases, the parents' suitability is also considered. They will look into the history of the family such as social services reports and police records. Visitation rights will be decided for the parent who will be chosen as the non-custodial parent.
Additional Legal Source: For more information on child custody please visit WurtzelLaw.com
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Tags: consequences, long periods of time, best interest, consistent basis, lawyer, dna, child custody, disagreements, special circumstances