Parental Rights Married Couples Vs. Unmarried Couples

When it comes to parental rights, the legal landscape can differ significantly depending on whether you are a married or unmarried couple. These differences can have far-reaching implications, impacting various aspects of child custody, visitation, and decision-making authority. Below are a few of the differences in parental rights between these types of couples Therefore, shedding light on the importance of legal recognition and the steps unmarried parents can take to protect their rights.

Parental Rights for Married Couples:

In marriage, both parents are typically presumed to have equal rights and responsibilities regarding their children. They share legal custody, allowing them to make important decisions about the child’s upbringing, education, healthcare, and religious upbringing. In case of divorce or separation, the court will generally strive to create a custody arrangement that serves the child’s best interests. Thus, considering factors such as the child’s relationship with each parent, stability, and the ability to provide a nurturing environment.

Parental Rights for Unmarried Couples

For unmarried couples, the law regarding parental rights can be complex. By default, the mother retains sole legal and physical custody of the child in most courts. However, this does not diminish the biological father’s rights. To establish rights, the father may need to legally establish paternity through a voluntary acknowledgment or a Court Order. Once paternity is established, the father can petition for custody, visitation, and involvement in decision-making processes.

Protecting Parental Rights for Unmarried Couples

Without a Court Order, however, an unmarried father cannot enforce visitation, custody, or his right to make decisions for the child. That is why an unmarried father must obtain a Court Order establishing these rights. This can be done by an Agreed Order signed by the Judge. Or if the mother will not agree, then petition the court for those rights and obtain them after a hearing in a Court Order.

Conclusion

While parental rights are fundamental, the law differs between married and unmarried couples. Marriage automatically confers certain rights and responsibilities to both parents. Unmarried couples must take additional steps to establish and protect their parental rights.

If you are facing a situation involving your rights as a parent and want to learn more about your parental rights, contact us at 615-784-4800 or visit www.kane-law.com for more information.