An unmarried woman has a natural, presumptive custody right to any children born before she gets married. She is legally able to control and care for the child and her rights supersede anyone else’s including the child’s biological father. However, these rights can be stripped if a mother can be proven unfit.
Custody Rights of Unwed Fathers
Unmarried fathers can take legal action to gain custody of their biological children. In most jurisdictions, if a man’s name is on a child’s birth certificate, he is automatically recognized as the father, and shares a legal standing with the mother. If the father’s name is not on the birth certificate, his rights depend on his fitness for custody.
Other Factors in the Awarding of Child Custody and Visitation
When you File For Child Custody in Long Island, the child’s best interests are the top consideration, superseding the rights of both parents. Courts also consider other factors, including who the child’s primary caregiver is, both parents’ moral character, their financial status, and the child’s preference (if the child is of a certain age).
Cohabiting Parents
* Parents living together out of wedlock face certain issues, such as:
* Agreeing on names for the children
* Ensuring that the child qualifies for insurance and other benefits
* Proving paternity
* Visitation and custody in the event of a breakup
If I am a de facto Parent to a Child, What are my Rights?
If you are filling a parental role for a partner’s children, you may be barred from making certain decisions. Some school and medical documents may only be signed or submitted by a legal guardian, and legal parents will always get priority in decision-making. You can solve these problems by adopting the child and attaining a legal status.
Claiming a Child as a Dependent
If parents are not married, only one can claim children as dependents. Taxes are filed each year, and parents can work out a plan that suits their custodial and financial needs. If a parent receives child support, it is not reported as income, and the parent paying the support cannot use it as a tax deduction.
Hiring an Attorney
The issues surrounding child custody are emotional and complex. Todd J. Zimmer and Associates can help you protect the rights pertaining to custody of your children, while looking after the child’s best interests.
