Custody Rights for Unmarried Fathers

A child born out of wedlock is far from uncommon in the United States, but frequently, custody issues can arise when the parents are not a committed couple and have no intention of remaining together. Although custody of the child is granted to the mother by default, unmarried fathers have many of the same rights of a divorced father if they wish to assume a parental role for the child.

It is important to recognize that paternal rights are accompanied by paternal responsibilities. In fact, just as an unmarried father may seek custody of the child, the mother is entitled to seek financial support from the father regardless of his wishes for parenting the child.

Steps to Obtaining Custody

In order for an unmarried father to be awarded at least joint custody of a child, the following procedures must be undertaken:

• The completion of a Voluntary Acknowledgment of Paternity form, establishing his legal status as a parent

• In situations where the mother and father are living together, the father can be awarded joint custody of the child by means of a simple custody agreement between the parents

• If the parents are not living together or no longer a couple, the legal father will be awarded joint custody so long as it can be demonstrated in court that such an arrangement is in the best interests of the child

If the custody issue is a contentious one, it can be very difficult for a father to win sole custody unless the mother is clearly unfit. However, joint custody and visitation arrangements can be established with the help of an attorney.

Contact Us

If you are seeking custody of your child as an unwed father, an Austin custody lawyer at Slater, Kennon & Pugh Ltd.LLP have the experience and skill necessary to help you come to a desirable arrangement with the other parent. Call today at 512-472-2431 to learn more about your legal options.