The number of cohabiting couples in the United States is rising. In fact, according to a recent study by Pew Research, 18 million people were living together without marriage in 2016, a figure that has risen 29 percent since 2007.
Since many of these cohabiting couples go on to have one or more children, the number of custody battles between unmarried parents has also risen sharply. If you have fathered a child with someone in a cohabiting relationship that you are now dissolving, there are some actions you will need to take in order to protect your rights and help you avoid the emotional pain of losing custody of your child.
Make sure you have established legal paternity
Fathers who have children born outside of a legal marriage contract are not automatically given paternity rights to the child unless they are listed as the father on the birth certificate application form. Fathers who are not identified as the birth father on their child's legal birth certificate will need to voluntarily fill out a legal form that acknowledges their paternity.
If the birth mother disputes the paternity of the child, the father can begin a legal process to do so by petitioning the court or by working with their state's Child Support Enforcement Division. Taking steps to legally establish paternity provides unmarried dads with the same legal rights as those who were married to their child's mother at the time of the birth.
Be legally prepared to seek fair custody and visitation
Custody battles are nearly as common among cohabiting couples as among couples seeking to dissolve a legal marriage contract. In addition to physical custody of the child, parents often struggle with divvying up financial responsibilities for basic needs, education, health care, and other needs.
Parents going through this experience should expect to have to provide proof of their income. This is often accomplished by submitting tax returns or income verification documentation. In addition, parents will also need to prove they can provide a healthy home environment for their child.
One or both parents may also be required to undergo testing for the use of illegal substances and attend parenting classes or counseling as part of the court process to award custodial rights.
While courts no longer automatically grant full child custody to the mother, as they once did, it can still be difficult for a father to receive fair treatment and retain equal rights to their child or children. If you are facing this type of dilemma, don't try to do so alone. Instead, consider hiring a child custody attorney service in your area to legally represent your interests and help ensure your success.
