Parental Rights Aren’t Automatic for Unmarried Parents

When someone has a child, they immediately feel like a parent. Unfortunately, unmarried parents don’t always have an immediate legal parental relationship. There are also various other rights that aren’t accessible to unwed individuals. Fortunately, there are various ways that unmarried parents can establish and protect their parental rights.

However, these processes are not always simple or straightforward. They often involve difficult legal procedures, and this becomes even more challenging if your child’s other parent won’t cooperate. This can complicate everything from establishing parentage to receiving court-ordered child support payments.

To overcome these and other issues, it’s important to keep all the following facts and steps in mind.

Establishing Paternity

The first step for unmarried parents in establishing and protecting their parental rights is to have parentage recognized by the courts. Fathers can secure no rights over their children without this step, and mothers have no recourse for enforcing the father’s parental obligations without it. Establishing parentage can be done in different ways. 

  • Voluntary Acknowledgement of Paternity (VAP): If both parents agree on the identity of the father, they can voluntarily acknowledge paternity. This is often done at the hospital by unwed parents when their child is born
  • Paternity testing: If there is disagreement over the identity of the father, either parent can request a paternity test. The court can order this DNA test if necessary. Like a VAP, this establishes parentage — not parental rights

If a voluntary acknowledgment is signed or a paternity test shows a parental relationship, the courts will legally recognize the paternal father. However, it is possible for this relationship to be established in other ways. 

For instance, an alleged father’s refusal to show up to court may result in a default judgment of paternity — meaning they’ll face parental obligations without any input. Regardless of your situation, it’s typically advisable to cooperate with the courts. A family law attorney can help you understand your options for securing a favorable outcome.

Obtaining Legal Custody and Visitation Rights

Many people are surprised to discover that establishing parentage doesn’t necessarily establish any parental rights. Just because the state recognizes a biological relationship doesn’t mean parents have to share custody. This is one of the surprising nuances of family law. Once parentage is established, it’s necessary to obtain legal custody and visitation rights.

This can be done in various ways. In a perfect world, the parents would remain in a relationship, and no issues of custody or support would arise. While these cases often don’t work out this way, it’s almost just as beneficial when the unmarried parents can reach an amicable solution on custody and visitation.

When parents are able to work together, they can create their own agreement. It’s best to submit the agreement to the court for approval. If no agreement is possible, either parent can file a petition in family court to seek custody. If one parent is awarded primary custody, the other is typically given visitation rights. In all cases, the best interests of the child are paramount.

Establishing Child Support

When it comes to unmarried parents establishing and protecting their parental rights, much focus is given to the father or non-biological parent in LGBTQ+ relationships. After all, the mother has established rights by merely giving birth. However, they still need to take steps in order to secure child support rights when they’re not married to their child’s other parent.

Of course, it’s also possible that the child’s mother may not be granted legal custody. Whatever the case, this is another situation when it’s preferable if parents can reach an agreement on their own. This agreement can then be formalized by the court. However, the custodial parent will need to seek a support order if the two parties cannot reach an amicable solution.

When this becomes necessary, the court will determine support payments based on state guidelines, which typically consider both parents’ incomes and the child’s needs.

Protecting Your Parental Rights

Once unmarried parents establish parental rights, they need to take active steps to protect these rights. For instance, all agreements regarding custody, visitation, and support should be documented and approved by the court whenever possible. This will make them recognized under the law, and this allows courts to take active enforcement measures.

It’s also important for unmarried parents to maintain consistent involvement in their child’s life and avoid potential claims of abandonment.

Courts often consider the level of parental involvement when making important decisions. Even after such decisions are already made, continued involvement is critical since order modifications are possible.

Seeking Order Modifications

When the court issues a child support, custody, or visitation order, the primary concern is always the best interests of the children involved. However, it’s clear that not all situations are permanent. The parent ordered to pay child support may lose their income, or perhaps the custodial parent has begun engaging in unsafe behaviors (e.g., drug use, criminal activity).

These and various other situations are why family court orders are never set in stone. If there’s a substantial change in circumstances, either parent can file a petition with the court to modify an existing order. Put simply, any situation that would have affected the original family court order could be grounds for requesting a modification.

However, keep in mind that being unhappy with a court outcome is not grounds for an order modification. This is why it’s vital to work with a legal professional — in all family law cases — to secure a favorable outcome. At Martino Law Group, we help unmarried parents establish and protect their parental rights. Contact us at 781-0531-8673 for a free initial consultation.