The number of single mothers or fathers
attempting to raise a child on their own continues to increase every year.
However, unmarried women and men often face many problems trying to resolve
their child custody issue. It is particularly difficult for men to establish
their paternal rights when they are not legally wed to the child’s natural
mother. While it can be difficult, it is important for any parent who hopes to
gain full custody, partial custody, or even just visitation rights to find a
qualified custody attorney to settle your case.
There are a myriad number of reasons
why unmarried people might try to seek custody of a child. For instance, an
unmarried man may seek to gain parental or visitation rights after he discovers
that a woman he had a relationship with is pregnant with or has given birth to
his child. On the other hand, a woman may seek custody of her children as she
is getting out of an abusive relationship with the children’s father. It is
even possible for same sex couples to seek custody of their children in the
event the relationship dissolves. No two families are the same, so divorce and
family law courts have often seen a wide variety of custody cases.
In general, custody judges and
attorneys have a legal precedent to serve a child’s ‘best interests’. To put it
more plainly, a judge must place the child with the guardian who is best able
and willing to provide a safe and comfortable home, access to educational
resources and financial support, and a moral and positive upbringing.
There are many things a court will
consider when deciding between a number of guardians or potential custodians
who are requesting custody. For instance, a court will analyze an unmarried
parent’s work, financial and criminal history, as well as their history of
violence, neglect, abuse, or substance abuse. Typically when you enter into a
custody process, you will initially need to go through a comprehensive custody
evaluation. These are used to assist the course while they decide on the best
course of action in regards to the child’s disputed custody arrangement.
In the past, preference was given to
the mother of a child in assigning custody to one parent or the other. This was
because of a commonly held stereotype that women are naturally more able to
care for and nurture children.
Some people may be tempted to represent
themselves in court, however for many reasons, this is inadvisable. For one
thing, unless you are a bar-certified attorney, you are unlikely to have the
knowledge and experience to adequately represent yourself in court. As a
result, you will likely endure a lot more hardship and emotional trauma,
experience more obstacles, and pay more in legal fees than had you hired an
experienced legal professional. Finally, an experienced attorney likely already
has a relationship with family court judges, and other attorneys who may be
hired by other parties interested in taking custody of the child.
