Child Custody Unmarried Couples

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Our world today is no longer as traditional as it once was. It is now very common for a couple to become pregnant before marriage. Unlike years ago, it is also becoming very acceptable in society. A child involved in a separation is complicating enough. If the couple is not married, then the issues become even more difficult to understand.

If the child was born before the parents were married, then the mother is considered the sole guardian. Unless the mother signs a ‘Statutory Declaration’, which names the father as a guardian as well, then the father will have to apply for guardianship through the courts. Guardianship and custody are two different things, but they can both be confused for the same thing. Guardianship means that the person is considered a legal parent to the child. Custody is when the parent has the legal right for the child to stay at their house and for the parent to make important decisions regarding the child. If a father seeks custody, he does not have to be approved for guardianship first, but it will help his case.

Because the couple is not married, the courts tend to favor the mother in regards to custody. If the couple was married, then the case would become a battle and would be a very different story. This is the main reason many couples decide to stay unmarried. If they were to separate, with no marriage involved, then it would be a much easier task compared to if they were married.

There are certain circumstances where the mother decides she does not want guardianship of the child. If this were to occur, and the child was placed for adoption, then the father could still apply for custody of the child. The well being of the child will be highly considered when the courts make the decision. If the child is already in the hands of the adoptive parents, then the length of time that the child has been with the family will also determine the ruling.

Those who are seeking custody of the child will have to apply at their local District Court office, or the office of the County Clerk. They will then be asked to submit an application that will be reviewed. The application will also be served to the mother if she still has custody, or to the adoptive parents. If one decides to seek custody, it is also recommended that they seek advice from a lawyer. We would like to think that we can handle our own battles without spending money on legal help, but a lawyer can give you advice that you may not have thought of otherwise.