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Child Custody Articles
It can be more difficult for an unwed parent to get custody of a child. Specifically, it is generally more difficult for the father to get child custody if he is not married to the mother. Obviously, the mother’s claim to the child is pretty apparent right from birth. If the mother chooses not to list the father on the birth certificate, it can be an uphill battle for the unwed father to get custody of his child. In this case, the unwed father has to establish paternity to get child custody.
Paternity can be established in several ways. First, in most states, if a couple is married at the time the woman becomes pregnant the man is presumed to be the father of the child, and has a legal claim to the child. Even if another man actually fathered the child, because the biological father and the mother were not married, that biological father has to be able to establish paternity in order to make a child custody claim.
In many cases, an unwed mother might wish not to list the father on a birth certificate. It may be that the father is violent, or that there is some other concern that the father would be a danger to the child. Still, in some cases, an unwed mother may wish to list the father, whether it is because the father wants to be involved in the child’s life or whether the mother wants to build a case for child support.
In some instances, an unwed father may actually be able to establish paternity. Even if he does, there is still a battle for child custody. Once paternity has been established, the burden of proof is often on the father to prove that he can provide a more suitable environment for the child than the mother can. Because the courts often prefer to leave a child with whatever parent has had custody up to this point, the struggle of the unwed father to get child custody can be very challenging, but it is not impossible.
Posted in Child Custody |
Getting custody of your child before the child is born can be somewhat difficult. You need to be able to first establish that you are the father, in a legal sense. In many states, being married to the mother is enough. However, if you are not married to the mother of the unborn child, you will have a much greater challenge in terms of how you can establish paternity, much less get custody of your unborn child.
While it is possible to do a genetic test on a child while it is still unborn, the fact of the matter is that courts will very often refuse to force a woman to have this genetic test before the baby is born. This is because, although the risk is small, there is a health risk involved in the process of establishing paternity for an unborn child. Still, if you are able to establish biologically that you were the father of the unborn child, the court is generally obliged to recognize that fact.
Getting custody of your child can be another matter altogether. Custody of a child cannot be established, obviously, until after the child is actually born. At that point, a court can grant custody to someone other than the mother. However, the case for granting custody of a newborn to anyone other than its mother has to be a very compelling case. It will probably have to be a situation in which the court believes the baby’s life to be in danger before it will give custody of a newborn to someone else.
If the mother is in agreement, you can establish a child custody agreement before the unborn child is born. Once the child is born, you can then get the court to certify the agreement, and thereby make it legal. Here again, the mother’s wishes play a very heavy role in whether this will happen or not.
If you are interested in getting custody of your unborn child, you should contact a family law attorney who has training and experience in the area of child custody.
Posted in Child Custody |
The fact of the matter is that it can sometimes be difficult to get custody of your child if there is anything in your background that is questionable. Whether you have been convicted of a felony, or whether you are unemployed and would have difficulty financially providing for your child, the court generally has a certain degree of discretion in terms of deciding whether you will get custody of your child. Having said that, being convicted of a felony will not always prevent you from getting custody of your child.
There are certain crimes that, if you have been convicted, will very likely make it impossible for you to get custody of your child. In fact, some states even have specific guidelines that the court must follow in this regard. For example, if you have ever been convicted of child abuse, child endangerment, or a sexually-related felony, it is possible that you will not only not be able to get custody of your child, but that you will probably even have severe limitations as to your rights when it comes to child visitation.
In contrast, if you have been convicted of a felony such as tax fraud, it is probably still possible for you to get custody of your child. If you were convicted of a felony a long time ago and have not been a repeat offender, and can demonstrate that you have reformed, this will often work to your advantage as well. Make no mistake about it, however. The fact that you have been convicted of a felony will very likely be a part of the court’s decision about whether or not you can get custody of your child. With all other factors being equal, you may still be at a disadvantage if you have ever been convicted of a felony, at least when it comes to getting custody of your child.
If you have been convicted of a felony and are trying to get custody of your child, you should make sure that your attorney is aware of the situation. You can be relatively certain that your ex-spouse’s attorney will be aware of the situation, and your attorney can help you to figure out how to best present the situation to the court in the most favorable light possible.
Posted in Child Custody |
During the divorce process, parents are often more concerned about their own interests than they are about the interests of their children. Many times, hurtful things can be done and said. Fortunately for the children, it is the job of the court to look after their best interests. A court must approve any child custody agreement, and can compel a couple to modify the agreement if the court believes that the agreement is not in the best interests of the child. In addition, there are situations in which a child custody agreement can be modified after the fact.
Sometimes, a child custody agreement may be modified because the parents’ situations have changed. It may be, for example, that a parent that has primary custody is changing jobs or moving, and it will become more difficult for that parent to care for the child a majority of the time. On the other hand, it may be that one parent gets married, and has therefore access to more resources, in terms of caring for the child, than the other parent has. When these sorts of changes occur, parents often will agree that their child custody agreement needs to be modified. They can then, working through their attorneys, come up with a modified child custody agreement to present to the court for approval.
In other cases, it may be that a custodial parent develops a problem that makes it necessary or preferable for the court to modify the child custody agreement. For example, if a custodial parent is convicted of a felony and put into prison, they will obviously be unable to care for their child or children. If a parent develops another problem, such as a problem with drugs or alcohol, it is also possible that the court would intervene and modify the child custody agreement. Generally speaking, however, the situation has to be rather extreme for the court to initiate a change in the child custody agreement.
To find out the process to modify a child custody agreement in your state, you should speak with an attorney who is experienced in child custody law.
Posted in Child Custody |
When it comes to child custody after a divorce, there are generally guidelines that the court must follow. The guidelines that the court must follow in regard to child custody can vary quite a bit from one state to the next. However, there are some overriding principles that most states have put in place in terms of these guidelines. The one common guideline that courts must follow in regard to child custody, regardless of the particular state, is to look after the best interests of the child. This is because, all too often, the divorce process becomes more and more about each of the parents looking after their own best interests, and not necessarily the best interests of their child or children.
In most states, the preferred situation is one in which both parents share legal, and if possible physical, custody. Joint legal custody means, of course, that both parents have the authority to make decisions regarding the child’s well-being, such as in the areas of education, health care, and those sorts of things. Joint physical custody refers to a situation where the child or children spend roughly equal amounts of time with each parent. Physical and legal custody don’t always go hand in hand; it is common for both parents to share legal custody but for one parent to have primary physical custody. While there are often not specific guidelines in regard to whether child custody should be joint, there are usually guidelines to indicate when custody should not be joint.
When one parent is considered to be unfit, or when there is a question of abuse or a problem with the living conditions of one parent, the court must then follow specific guidelines set by the state in regard to child custody. For example, in some areas, if a parent has been convicted of a violent or a sexual felony, that parent will not be allowed to have child custody. While this is not necessarily a guideline that the court must follow in every state, it is a very common guideline.
To find out what the guidelines are that the court must follow in regard to child custody in your state, you should consult with an attorney.
Posted in Child Custody |
In the past, it was relatively common for mothers to almost always get child custody in a divorce proceeding. There are many reasons that this took place, historically. Having said that, things are very different today. While it is true that many judges still hold some outdated prejudices regarding whether mothers or fathers ought to have custody of a child, more and more states are passing laws that encourage courts to consider mothers and fathers equally when there is a question of child custody.
There are factors that are supposed to be more important to the court than whether the person who wants custody is the mother or the father. For example, if a child has been living with one parent throughout the divorce process, and if the child is doing well at that point, the court is often reluctant to award child custody to the other parent, as it seems to be disruptive to the child. In cases where the child is old enough to be able to form a reasonable opinion about who should get child custody, the court will very often listen to the child’s opinion as well. In addition, the court may look at any number of other factors, from lifestyle issues to the details of each parent’s living arrangements, such as the number of bedrooms in the home.
Having said all of that, it can still often be an uphill battle for a father to get child custody. Unless there is a specific and obvious advantage to living with the father, many courts are more likely to give child custody to the mother. In cases where there has been abuse by the mother, whether it is physical abuse or sexual abuse, or where there has been a history of child neglect or child endangerment, it can be easier for a father to get custody of a child. Outside of these situations, a father will often have to work a bit harder in order to get child custody than a mother would.
Posted in Child Custody |
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