Child Custody for Unmarried Parents and Their Children

A current Ohio case demonstrates the difficult issues facing unmarried parents when confronted with child custody cases. The 5-month-old infant in the case suffers from permanent brain damage and is on life support. Her father is 17 years old, and her mother is 18. A judge is going to hear the case but the child custody determination is complex. Because the father is a minor, he may not even have a say in the life support determination; the court may give that to his own guardians.

Additionally, authorities believe the baby’s injuries were a result of shaken baby syndrome caused by the father. He and his family’s urging to keep the baby on life support may have his own self-interest in mind – he will possibly face murder charges upon removal of the life support. When couples are unmarried, child custody determinations can become even more contentious than for married couples. If you are unmarried and involved in a child custody dispute, a Houston family lawyer can go over your case with you and discuss your options.

Determining Child Custody for Unmarried Parents

Establishing paternity is the most important step a child’s biological mother should take. Even if the father is currently paying child support, he may change his mind, become disabled, or die. To ensure continuation of these benefits, the mother and father must establish paternity. Additionally, the legal establishment of paternity ensures that the child can receive an inheritance from both parents.

In the event that a child’s parents remain unmarried, the child custody determination is more difficult, but not impossible. This is particularly true for unmarried men, as the courts have traditionally given the child’s mother more rights. Without an acknowledgement of paternity, a court will usually grant custody, by default, to the child’s mother. A father concerned about his custody or visitation rights should seek to obtain an acknowledgement of paternity via the courts. The court will usually order DNA testing to establish the paternity of the child conclusively.

Even if there is a child support or custody agreement in place between the unmarried mother and father, this agreement is not legally binding. Fathers should always seek an official order from a Texas family law court. Such orders are not subject to any future whims or changes of heart.

Establishing paternity, child custody, and visitation rights through the courts is always the best course of action to secure your parental rights. If you are an unmarried parent seeking child custody, contact a Houston divorce attorney at John K. Grubb & Associates, PC to learn more about child custody.