For Unmarried Fathers, Custody Rights Can Require Jumping Through Hoops

Not all child custody cases involve divorce. Unmarried couples have kids, too, and if the relationship ends, they also need to resolve custody issues.

If you’re the father in such a relationship, it’s critical to consult with an attorney because you may not have the rights you think you have.

For one thing, while married parents have equal rights over their children, many states have laws that favor unmarried mothers over unmarried fathers. Some, like South Carolina, even state that custody of a child born out of wedlock automatically goes to the biological mother unless she relinquishes her rights. Only if the father has legally established paternity, perhaps by having his name on the child’s birth certificate, may he then petition for visitation or custody.

In such situations, you would have to initiate a paternity action under which you, the mother and the child submit genetic testing to the court.

Once your paternity has been established, the court would treat you and the mother as equals in making a determination as to what sort of custody arrangement would be in the child’s best interest. In doing so, the court would consider each parent’s ability to take care of the child and their respective relationship with the child.

The bottom line, however, is that as an unmarried father, you would need to jump through hoops in order obtain custody or visitation rights, to have the right to be involved in major decisions in your child’s life, and to prevent your child’s adoption by your ex’s new partner or spouse.

Rob Hagy is a Virginia divorce and family law attorney serving Charlottesville, Virginia, and surrounding communities. You can see more content from Rob at www.charlottesvilledivorceattorney.com and at www.virginiafamilylawjournal.com.