Can A Unwed Father Win Joint Custody  

After separation issues concerning child custody are usually the most emotional of all.

The case becomes even more complicated if the parents are unmarried. When the child’s parents are unmarried, the law of most states says that the child’s biological mother be awarded sole primary physical custody, ultimately, the court tries to act in the child's best interest unless the father takes action to be awarded custody.

An unwed biological father usually cannot win custody over mother who has sole custody over the child by birth, but may have priority over other relatives, foster parents or strangers who want to adopt his child. In many cases an unwed mother chooses not list the father’s name on the birth certificate. They do so with good intention such as when the unwed father is dangerous or engaged in criminal activities. In such circumstances it becomes a Herculean task for an unwed father to get custody of his child.

In cases involving unwed biological parents, an unwed biological father has to establish paternity in order to make joint child custody claim. The unwed biological father can do this by getting (DNA) testing done voluntarily. In some instances an unwed father may be able to establish paternity; even if he does, he has to prove to the court that he can provide more suitable environment for the child than the mother can. As a mother's claim to the child is pretty apparent right from the birth and child laws are designed, in theory, with best interest of child, the unwed father struggles to get joint custody of his child. It can be very challenging but not impossible. As joint custody requires a high degree of cooperation between the unwed biological father and unwed biological mother, the courts are reluctant to order joint custody unless both parents are in agreement and can demonstrate mutual understanding and ability to make joint decisions and cooperate for the safe future of their child.

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Can A Unwed Father Win Joint Custody

Getting-Joint-Custody-Of-Your-Teenager      Joint or shared physical custody is a form of custody where the child’s time is divided between the each divorced parent's home. This type of arrangement works best when both the parents are able to work well together for the benefit of the child. When there is a conflict between the parents, it opens the door for legal battles over the child. More..




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