When your child/ren live with both parents, there is no need to figure out how to divide parenting time because the child/ren automatically see and spend time with both parents. However, if you and your partner separate, you or a Court need to determine custody and visitation. If you were not married, the situation could be even more complicated.
Figuring out Saratoga Springs custody for unmarried parents can be confusing, which is why you should rely on the advice and assistance of our trusted family law attorneys. We know how to help unmarried parents advocate for and protect their parenting rights.
When a child is born, the mother automatically has custody of the child because her name is on the birth certificate. If the mother is married at the time of the birth, the husband legally becomes the child’s father, according to the child’s birth certificate, and shares custody. However, if the child is born to unmarried parents, only the mother automatically has custody and parenting rights.
When unmarried parents continue to live together after the child’s birth, the legal status may not matter to them. However, if they split up and decide to live separately, their child/ren’s custody can become an issue. With sole legal custody, the mother has the right to make all decisions regarding the health and welfare of the child and does not have to consult with anyone else before making a big decision, such as enrolling the child in a religious school. With sole physical custody, the mother also has the right to have the child live with her at all times and does not have to share parenting time with anyone else. An unmarried mother assumes all financial obligations concerning the child and is responsible for all their care.
If a child’s biological father, or other unmarried parent, wants to be able to see their child/ren, they need to follow the appropriate legal procedures to establish parentage. Our skilled legal team in Saratoga Springs knows how to help unwed parents assert their custody rights. We may also be able to help unmarried mothers obtain child support from their child/ren’s other biological parent.
Although a child’s birth mother has automatic custody of them, the biological father can also gain parenting rights.
When both unmarried parents agree on the child’s parentage, they can formally establish the father’s parental rights. State law allows the biological parents to sign a voluntary Acknowledgement of Parentage form. This legal document creates parental rights and obligations. When a birth father signs this document, they acknowledge that they have a legal duty to support their child/ren. They also gain potential custody and visitation rights. Although most parents sign an acknowledgement of parentage right after a child’s birth, they can sign it up until the child reaches the age of 21.
When a child’s biological parentage is in dispute, a Court can establish parenting rights through an Order of Filiation. A mother has the right to establish paternity in order to pursue child support obligations from the child’s father. A man who thinks he is the child’s biological father can also pursue an Order of Filiation. In most instances, the Court orders a DNA test to confirm paternity and then issues the Order of Filiation establishing custody rights and support obligations.
Our experienced legal team may be able to help unmarried parents establish parenting and custody rights in Saratoga Springs.
As an unmarried parent, you do not automatically have parental rights. Our attorneys understand how important it is to establish Saratoga Springs custody for unmarried parents. We can work with you to protect your rights as a parent.
Meet with our experienced legal team today for a preliminary, complimentary consultation to discuss your concerns.
Colwell Law
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