Can you get custody of your child as an unmarried father?

If you are an unmarried father, you may wonder what rights you have to be part of your child’s life. The good news is that family courts recognize the importance of both parents being involved, regardless of marital status. By taking the proper steps to establish paternity and show that your involvement benefits your child, it may be possible to gain custody or visitation.

Custody decisions are made based on what serves the child’s best interests. This means that if you can demonstrate that you are a capable, committed parent and that custody or parenting time with you would support your child’s emotional and physical development, a court may grant you those rights.

Steps you need to take to get your father’s rights

To obtain custody or visitation as an unmarried father, you must take certain steps that give you legal recognition and allow the court to consider your request. These steps build the foundation for seeking shared or full custody of your child.

• Establish paternity: Before seeking custody or parenting time, you must be recognized as the child’s legal father. This can be done through a voluntary acknowledgement signed by both parents or through a court order following genetic testing.
• File a custody or visitation case: Once paternity is legally established, you can file a request for custody or visitation in family court. The court will then assess your petition based on the best interests of the child.
• Show that you are a fit parent: Courts look at your ability to provide a safe, stable environment. Factors such as your relationship with the child, your caregiving history and your overall lifestyle can influence the decision.
• Demonstrate the benefit to the child: You must be able to show that having a relationship with you supports your child’s well-being. Courts tend to support arrangements that promote bonding with both parents unless doing so would put the child at risk.
• Follow court procedures and orders: Once a plan is approved, it becomes legally binding. Following the court’s terms can help maintain and strengthen your role in your child’s life.

Consider seeking legal guidance if you have questions about paternity, custody options or how to begin the process.