It is commonly believed that the courts favor the mother in child custody decisions. However, the father, even an unwed father, has rights.

While most unwed fathers will not be granted sole custody of his child (if the mother is fit), he will be granted visitation rights. Unwed fathers must pay as much as married fathers in child support according to child support guidelines. This requirement of support lasts until the child becomes an adult.

What are the custody laws for unmarried parents?

Custody Law for Unmarried Parents. For unmarried parents, child custody laws differ from state to state. Some states require unmarried mothers to file for child custody, while other states presume that an unmarried mother automatically has custody.

How does a mother get full custody?

The process for a mother to get full custody begins with the filing of a motion in the court in the county where the child resides. Such a motion typically is part of a divorce, legal separation or paternity case.

What legal rights does an unmarried mother have?

As a rule, unmarried mothers are granted primary right to custody of their children. This means she has complete authority to make any major and minor decisions regarding her child’s welfare. A mother with legal and physical custody is responsible for decisions regarding: Home residence.

Top Reasons Mothers Can Lose Custody of a Child

1. Child abuse or sexual abuse is the number one reason that a mother can lose custody of her child.
2. Domestic violence is another reason a mother can lose custody.
3. Substance abuse of any kind does is taken seriously in family court – drugs, alcohol, even cigarettes can be considered substance abuse.
4. Child abduction is a common reason that a mother loses custody.
5. The last reason a mother can lose custody of her child or children is by not being the primary caretaker or not being involved in her children’s lives prior to the divorce or custody hearing.

Ty Zdravko practices law as a divorce attorney, and family law attorney in Palm Harbor, Clearwater and the surrounding area.

For more information, visit our website at www.divorceboardcertified.com
or call (727) 787-5919.