Unmarried mothers have full custody of their children from birth. Unmarried fathers, on the other hand, have no parental rights until their name is on the birth certificate and they pursue custody.
That said, child custody agreements between unmarried parents can differ from those between divorcing parents. Whether you are the mother or father, below is some important information that can provide some clarity about the process.
Who has custody of the child?
Virginia law presumes that the mother has sole custody of the child at birth. The father can gain parental rights by establishing parentage. They can do this by completing an Acknowledgement of Paternity (AOP) immediately after the child’s birth or sometime later. Doing so will allow the father’s name to be on the child’s birth certificate.
The child’s mother must also sign the AOP willingly. Otherwise, the father can prove parentage by filing a Petition to Establish Paternity and taking a DNA test.
How can unmarried parents arrange child custody?
Once the father establishes his parentage, they and the mother can discuss child custody agreements. These decisions must revolve around the best interests of the child. In other words, parents must prioritize the child’s health, safety, well-being and happiness.
Child custody agreements include several elements, such as:
- Child support
- Visitation rights
- Communication plans
- Decision-making processes
Being unmarried may add some complication to these arrangements. For example, if you and your former partner lived in different states, visitation can be more difficult and expensive. On the flip side, not having to consider the complexities of divorce can make it easier to focus on the child’s well-being.
Nevertheless, the filing process is similar for both divorced and unmarried couples. To make the agreement legally binding, you must have it in writing and signed by both parents and a judge.
Consider seeking legal assistance
For unmarried couples, there are often more legal steps they have to take before agreeing on child custody. Plus, there is the typical process of making and negotiating custody agreements.
That said, you might want to consult an experienced family lawyer who can guide you through the process. Aside from helping you understand each parent’s rights, they can help you and your coparent create an agreement that works best for everyone.
