Unmarried Moms and Dads Sharing Custody of the Children

Normally, child custody problems happen during a breakup. However child custody issues occur with parents who have children but never wed. If an unmarried pair who has a child separates, the father may take measure to get child custody. With blended families, extended families as well as foster families, a stepparent or a grandparent or a foster mother or father who has been a baby’s first caretaker may get custody.

Everyone might originally agree on child custody, however a child custody dispute will most likely result in court. If it does, the court applies the greatest interests of the kid standard while deciding. Which means that the court will award child custody to the one who will best inspire the little one’s joy, wellness, safety and well-being.

Unmarried Father Seeking Child Custody

Even though an unmarried daddy is recorded on the baby’s birth record and paternity is confirmed, it doesn’t mean that he has any kind of custody privileges. While seeking custody, a papa must express that he is dedicated to having a relationship with his kid by being involved as well as taking part in rearing the kid. A legal court thinks who the baby’s primary caretaker is as well as what’s in the best interests of the kid.

3rd party or Non-parental Child Custody

An even more complex situation develops in case a person other than the child’s mother or father wants child custody. Such a person is sometimes known as a 3rd party or non-parent. Instances of a 3rd party or non-parent can contain a:

  • Stepparent
  • Foster parent
  • Grandparent

A non-parent or other party seeking child custody has very high standards to surmount. To start with, you must confirm that you’ve a right, or rating, to seek custody of the kid. Then, you must demonstrate that custody with the lawful parent is hazardous to the baby or that the parent is unfit. Eventually, the court will consider if the award of child custody is in the baby’s best interest.

Deciding Custody

No single factor decides an award of custody. Instead, a court thinks the finest interests of the kid. State regulations vary, nevertheless while deciding a baby’s finest interests, practically all legal courts take into account:

  • The kid’s choice
  • Parents’ wishes regarding custody
  • Emotional bonds between the kid as well as mother and father, brothers and sisters plus extended family
  • The baby’s adjusting to his residence, school and society
  • The physical and mental well being of the baby as well as parents

Other things the court may think about comprise the child’s current scenario, and whether there’s drug or alcohol abuse by a mom or dad, as well as physical, mental or sexual abuse in the baby’s house.

Custody issues include very personal, emotional matters. Unmarried moms and dads have the identical child custody rights as divorcing parents. The legal rights depend on the parent-child relationship and the greatest interests of the child – not on whether or not moms and dads are wedded.

Questions for Your Attorney

  • Who can file for child custody?
  • How does establishing paternity influence child custody?
  • Does a non-parent or 3rd party possess any rights to custody?
  • How tough is it to make child custody modifications?

For help with an Athens uncontested divorce, find a family law attorney Athens Georgia.

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