Unmarried Mothers' Child Custody Rights

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.

Mothers Rights - Child Custody For Mothers

Mothers rights to custody and the standard by which custody determinations are made in the family courts has changed significantly over the last century. In the early 1900's, fathers were typically given custody of the children in the case of a divorce. In contested child custody cases today, in which the mother earns less than the father, it does not automatically entitle the father to custody of the child in the event of a divorce.

Following the standards in the early 1900's which typically gave fathers custody of the children, states shifted to the tender years doctrine which presumed the mothers to be the primary caregiver. This standard changed yet again. Following the 1970's the tender years doctrine was replaced with the overall best interests of the child standard. The overall best interest of the child standard takes several factors into consideration and is supposed to guide the family courts in child custody determinations. Nevertheless, some family courts in the 20th century continue to favor the mother as the primary caregiver.

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Mothers often provide primary care for their children and are often involved in the day to day responsibilities of raising and nurturing their children. While some mothers may be at a disadvantage financially at the beginning of their divorce, more mothers are becoming educated with strategies and information on how to enhance their custody case and how other mothers are obtaining custody of their children.

Mothers and fathers both have a prominent role to play in supporting the growth and development of their children. But when parents divorce and child custody is contested, the family courts are faced with the difficult task of determining where the child will live and what parenting arrangement is in the best interest of the child. Upon divorce, the best parent is generally having both parents involved. More and more, the courts are adopting this mentality and favoring frequent and continuing contact with both parents as the best arrangement for the child. Additionally, more and more mothers are taking on the same attitude for the benefit of their children and are benefiting from the shared parenting responsibilities as a result.

Copyright © 2008 Child Custody Coach

Mothers Rights - Child Custody For Mothers

Child Custody Coach supplies information, written materials, online materials, and coaching services to parents in the field of child custody, namely, divorce, child custody and visitation issues, child custody evaluations, child custody mothers issues, and parenting. Custody Match is an online consumer and family law attorney matching service to help consumers find the right Southern California child custody lawyer.