Marriage is no longer the precondition it once was for establishing a stable household and raising children. Millions of children are born to unmarried parents each year, and most grow up in caring, supportive homes. However, even though marriage may not be synonymous with good parenting, a parent’s marital status does affect the legal rights and obligations they automatically have regarding their child.
It is therefore important to be aware of the legal rights you have as a parent so that you can protect your relationship with your child and provide long-term stability for your family.
About Stange Law Firm
Stange Law Firm serves parents, couples, and families in our community. We know first-hand that these cases often present the most complex and trying times for all involved. At Stange Law Firm, we provide personal and experienced counsel with integrity and respect. If you need assistance with a custody battle or support issue, do not hesitate to contact us.
Unmarried Mothers
In most states, when a child is born to unmarried parents, the mother has sole legal and physical custody of the child by law. Sole custody means the mother has the right to make all of the decisions about the child’s life, including healthcare, education, religion, and where the child lives.
Automatic custody does not, however, give the mother the right to keep the child from the father forever. Once legal paternity has been established, the father can petition the court for custody or parenting time. Mothers also have an incentive in legal paternity, as it ensures the child’s right to financial support and benefits.
Unmarried Fathers
Unmarried fathers do not automatically have legal rights. Even if he is named on the birth certificate, many states require additional legal work to establish parentage. In most cases, fathers become parents through one of two ways:
- Voluntary parentage. Both parents sign a legal form. The father is given legal status once it has been filed, and can then ask for custody or parenting time.
- DNA Testing. If parents disagree about parentage, the court may order DNA testing. Once confirmed, the father becomes the child’s legal parent, with rights and responsibilities. This includes the obligation to pay child support, as well as the right to custody and a say in major decisions.
After paternity has been established, unmarried fathers essentially have the same rights and responsibilities as fathers who were married when the child was born.
According to the U.S. Census, 70.1% of children in the country live with two parents. In 2022, 4% of children lived with neither parent, 5% lived with their father, and 22% lived with their mother alone.
Decision-Making Authority
Once the parentage of both parents is established, the court will likely assign rights and responsibilities to both parents based on what is most appropriate and in the child’s best interest.
The power to make important life decisions for a child is known as legal custody. Both parents typically share joint legal custody, even if one parent is granted primary physical custody, unless there is proof that they are unable to work together or that doing so would put the child in danger. Both parents can take part in decisions regarding joint legal custody, including:
- Education
- Health care
- Religious upbringing
- Participation in extracurricular activities
To avoid ongoing conflict, courts may grant one parent specific decision-making authority when parents cannot agree on important matters.
Protecting Your Legal Rights
If you are not married to your child’s other parent, it is important to take steps to protect your parental rights because they are not always guaranteed. Filing to establish paternity, custody, parenting time, and child support not only creates enforceable orders that protect your rights and your child but also helps you in the future should a dispute arise.
Maintain documentation of any involvement in your child’s life, including attending medical appointments, school events, or providing daily care. In addition, consulting with an attorney early in the process can help avoid missteps or misunderstandings later. Having formal orders in place can make your life more stable, reduce conflict with the other parent, and better protect your child’s long-term interests.
FAQs
Q: Do Unmarried Parents Have the Same Rights as Married Parents?
A: Yes, they do, but only after legal parentage has been established. Mothers have automatic parental rights from birth, but fathers must legally establish paternity to have comparable rights. Once parentage is established, unmarried parents have the same rights and obligations regarding custody, decision-making, and support as married parents who separate or divorce.
Q: Does Signing the Birth Certificate Automatically Give the Birth Father Rights?
A: The father does not necessarily have automatic rights after signing the birth certificate. Merely being on the birth certificate does not, by itself, create full legal rights in many states. Paternity must be established by voluntary acknowledgment or by court order in most states. A father cannot seek custody or parenting time until paternity has been legally established. In the meantime, the mother has sole legal custody by default.
Q: How Do Courts Determine Custody for Unmarried Parents?
A: The “best interests of the child” standard is used by courts to determine custody for unmarried parents. Judges look at each parent’s involvement, the stability of each home, the child’s emotional needs, and any safety concerns. After paternity is established, the law regarding custody for unmarried parents is the same as that for married parents going through a divorce.
Q: Can an Unmarried Mother Deny a Father Visitation?
A: Technically, yes, an unmarried mother can deny a father visitation only if legal paternity has not been established. Mothers get sole custody by default until paternity is established. After paternity is established, the father can file for visitation or custody. The court usually upholds a child’s right to see both parents, so it is hard to justify long-term, no meaningful contact.
Contact Stange Law Firm for Your Family Law Needs
If you are an unmarried parent, you still have rights under the law. Stange Law Firm can help you protect those rights. Contact us today for a consultation.
