By If both parents are on the birth certificate but not married, who has custody? Many couples who decide to separate have this same concern. The birth certificate in the names of both parents does not automatically establish custodial rights in these circumstances. That’s why it is crucial to understand your paternity rights.
What is Custody?
The legal right or duty to care for someone, especially a child, when their parent separated or passed away is known as custody. A court might grant custody or the parents may decide to allocate custody based on the circumstances and the greatest interest of the child.
When an unmarried couple is recognized as parents on a child’s birth certificate, determining custody can be a difficult task. Understanding legal and physical custody is essential to comprehend the various forms of custody and how they impact the child’s life. It is important to differentiate between physical and legal custody.
Physical Custody:
Physical custody is the legal and physical responsibility of a parent or guardian in order to provide home for the child. It involves the choices of the child and daily care routine that includes clothing, food, and bedtime. Physical custody is of two types:
- Joint Physical Custody: Joint physical custody means that they live with both parents for a certain period of time and both of the parents have equal responsibility in taking care about the physical requirements of the child.
- Sole Physical Custody: This means only a single parent lives with the child. This parent is known as a residential or custodial parent. The other parent is known as a non-residential or non-custodial parent. The non-custodial parent has always the right to visit the child regularly.
Parents should understand their parental rights, custody rights, and any potential legal action they may need to take to protect their child’s interests.
Legal Custody:
The parent should make important choices for their child like regarding their education, healthcare, and religion is known as legal custody. The parents have the right to share legal custody if both are listed on the birth certificate.
However, when the parents don’t agree on these decisions that automatically leads to arguments. The courts should have to step in and set the parameters of legal custody in this case. The bond between the parents, the child’s interests, and each of the parent’s ability to care for the child are some of the factors that the court might take into consideration.
The following are the two types of legal custody:
- Joint Legal Custody: In this type of legal custody, both parents have the right and responsibility to make decisions for their child.
- Sole Legal Custody: It is also known as sole parental responsibility. In this type, just one parent is completely responsible for making decisions for the child.
Factors that the Court takes into Consideration When Determining a Child’s Custody:
These are the few factors to be considered for the query, “If both parents are on the birth certificate but not married, who has custody?”
- The age.
- The emotional needs of the child.
- The readiness and ability of each parent to provide their child’s mental and physical health.
- The relationship and bond that exists between each parent and their child.
- The child’s preference provided that they are mature enough to express a valid preference.
- Parental communication and cooperation.
- The consistency and continuity of the living environment of the child.
- The attendance and involvement of the extended family.
- History of abuse, domestic violence or neglect by one or both parents.
In deciding the right course of action for the child’s welfare and interests, the court will take into consideration all of these factors in the specific circumstances and facts of each case.
If both parents are on the birth certificate but not married, who has custody and how do they gain custody rights?
Most of them have the query that if both parents are on the birth certificate, who has custody and about the custody rights because unmarried couples who have children might have difficulties establishing and enforcing their child custody rights, particularly if they disagree on parenting issues. Unmarried couples can pursue the following actions to determine child custody:
Paternity test:
Unmarried parents voluntarily accept their roles in the child’s life. Legal rights and responsibilities may be granted to the parent upon establishment of paternity.
Make a parenting agreement:
A written document that specifies each parent’s rights and responsibilities is called a parenting agreement. In addition, it details the schedule and arrangements for the child’s time spent with each parent including holidays, vacations, and other special occasions. The parents may draft a parenting agreement on their own, with the assistance of a family law counselor or mediator. A parenting agreement can be advantageous to both parents and the child, as it may reduce conflict, provide consistency, and reflect the child’s best interests.
File a court petition for child custody:
The parents may need to submit a court petition for child custody if they are unable to come to a parenting agreement, if there are disputes, or if the situation changes. Then, the judge will decide the child’s custody and visiting schedule according to the child’s interests.
Determining visitation, custody, and support arrangements for a child whose parents are not married can be resolved through this method. This process will be easier if the child’s certificate includes the parent’s name.
Benefits of Child custody:
- Children who receive custody have no conflicts between their parents.
- Children know they are adored by both their mother and father. So, individuals feel less emotional distress.
- Children will develop a healthier sense of trust and friendship with their parents.
- Joint custody may reduce the burden on the parents who are unmarried.
Conclusion:
I hope this blog provides the detailed answer for the query, “If both parents are on the birth certificate but not married, who has custody?” A clear custody arrangement that looks out for the child’s best interests must be established, whether by voluntary agreement, mediation, or court order. Navigating these complex legal matters can be made much easier by consulting with a family law specialist attorney.