An unmarried mother may feel like she has less custody resources than a divorced mother. However, unmarried mothers should be aware that they have many legal avenues they can pursue to protect their child custody rights. Here are some of the custody rights that an unmarried mother has and ways that she can stand up for those rights.
An unmarried mother has the right to have the support of the child's father. Just because a woman never married the father doesn't mean that he has no obligations to the child. The first step to getting the father involved is establishing paternity. If the father of the child signed an acknowledgment form when the child was born or anytime after, then paternity has been established. If a father who has acknowledged paternity isn't helping with the child, the mother simply has to file for child support and child custody and a custody case ensues. The father will be obligated to pay child support, and possibly back child support. However, a mother should know that the father also has custody and visitation rights to the child. He may want to be more involved in the child's life and he is legally allowed to do so.
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If a man hasn't acknowledged paternity, an unmarried mother can file a paternity claim. This is simple to do (look for details at your local courthouse) and it requires that the man take a paternity test. This is a simple DNA test. If the man is found to be the father of the child, he has the choice to sign an acknowledgement form. If he won't sign the form, the case goes to court. It is highly unlikely that a man won't sign the form if the DNA test if positive because he then has to prove to the court how he still isn't the father.
Once the paternity has been established the father may be willing to work out a child custody agreement and may want to help support the child. It's great if both parents can work together to come up with an arrangement for custody and visitation. However, if the father is unwilling to work with the mother, she can file for custody and take him to court. This will guarantee that she gets child support payments.
There are too many cases where unmarried mothers don't get paid the proper amount of child support. If the father of your child isn't prompt with payments, don't deny him visitation (if visitation is part of the arrangement). These are two separate issues and it is better if the mother doesn't retaliate. Rather, the mother should go to court because the father is in contempt of court for not paying child support. (This is also why it's important to get everything sorted out legally and not just take the father's word that he'll pay. If the child support is a custody order there are legal repercussions for not paying.) There are also options of garnishing the father's wages to make sure he pays.
An unmarried mother should never feel like she has no child custody rights. She should learn as much as she can about the custody process so that she can protect her rights. This will help her raise the child in the best possible circumstances.
Unmarried Mothers' Child Custody Rights
Discover how Custody X Change can help you stand up for your mother's child custody rights and also how it helps you work out unmarried child custody.