Can Unmarried Father Get Custody?
An unmarried father can get custody of his child if he meets certain legal requirements and can prove that he is the child’s biological father.
In order to get custody, the father must first file a paternity action with the court. Once paternity is established, the father can then file a motion for custody. The court will consider several factors when determining whether or not to grant custody to an unmarried father, including the child’s relationship with the father, the child’s best interests, and the father’s ability to care for the child.
If you are an unmarried father seeking custody of your child, it is important to consult with an experienced family law attorney who can help you navigate the legal process.
How Unmarried Father Can Establish Paternity to Get Custody
In order for an unmarried father to get custody of his child, he must first establish paternity. Paternity can be established using the following ways:
Recognition of Parentage (ROP)
If the father and mother were never married to each other, the father can establish paternity by signing a Recognition of Parentage (ROP). Once paternity is established, the father has the same legal rights as a married father, including the right to seek custody.
The ROP is a legal document that can be filed with the court or with the state Department of Health and Human Services. If the ROP is filed with the court, it becomes a court order and can be used to establish paternity for child support purposes.
If the ROP is filed with DHS, it does not establish paternity for child support purposes but it does give the father the right to request genetic testing to confirm paternity. Once paternity is confirmed, the father can then file a motion for custody with the court.
Voluntary Acknowledgment of Paternity (VAP)
If the father and mother were never married to each other and they are both certain that the father is the child’s biological father, they can sign a Voluntary Acknowledgment of Paternity (VAP). The VAP is a legal document that can be filed with the court or with DHS.
If the VAP is filed with the court, it becomes a court order and can be used to establish paternity for child support purposes. If the VAP is filed with DHS, it does not establish paternity for child support purposes but it does give the father the right to request genetic testing to confirm paternity. Once paternity is confirmed, the father can then file a motion for custody with the court.
Genetic Testing
If the father and mother were never married to each other and they are not certain that the father is the child’s biological father, either parent can request genetic testing to confirm paternity.
Genetic testing can be requested through the court or through DHS.
If paternity is confirmed, the father can then file a motion for custody with the court. If paternity is not confirmed, the father will have no legal rights to the child and will not be able to seek custody.
Factors Considered by the Court When Awarding Custody to an Unmarried Father
The court will consider several factors when determining whether or not to award custody to an unmarried father. These factors include:
· The child’s relationship with the father
· The child’s best interests
· The father’s ability to care for the child
The court will also consider any evidence of domestic violence or abuse. If there is evidence that the father has committed domestic violence or abuse, it is unlikely that he will be awarded custody.
It is important to note that the court will always make its decision based on what is in the best interests of the child.
Get Help from an Experienced Family Law Attorney
If you are an unmarried father seeking custody of your child, it is important to consult with an experienced family law attorney who can help you navigate the legal process. An attorney can help you establish paternity and file a motion for custody. They can also represent you in court and advocate on your behalf.