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Child Custody Rights for Mothers

By: Donald Davis

Parental rights and child custody rights for mothers are important issues for any mother. For married couples, much of the potential conflict surrounding custody is a non-issue because both partners in the marriage are given equal parental rank. There is less often a question of paternity, and even if the matrimony ends in separation or divorce, both parents still usually have custody and/or visitation rights. For non-married couples, however, the issue of having a child can be much more complicated. Fathers and individuals in a couple must take additional steps to assure that they are approved lawful parental rank in an unmarried relationship.

The unmarried Option

Many couples today are turning to temporarily or completely accept getting married. They may choose to holdup a marriage or not get married at all for personal, work-related, or financial reasons. In the case of a homosexual couple, many states still do not recognize gay marriages or civil unions as lawful. Whether it is a choice or a forced option, it is important for non-married couples to take steps to establish their legal standing as parents if they have a child. Taking instant action to become a lawful father can inhibit much personal grief later on.
Legal subjects in Child Custody

When a child is born to an non-married mother, the mother initially has sole legal custody of the children. If the father wishes to be recognized as a legal mother, he must sign a Voluntary Acknowledgment of Paternity after the baby is born. This can be done at the hospital and ensures that the father is approved full lawful position as a parent. In a homosexual relationship, the woman who is not the biological mother must go through the more complex process of adopting the child. For two unmarried women, legal adoption is currently the only way for a partner to establish herself as a parent.

Establishing child custody is a critical part of being a parent. Without lawful parental rights, a mother may not be recognized by the state and may not be permitted to care for the child in vital situations. For example, if a child is injured and taken to the hospital, the non-married father or partner may not be decided visitation to see his or her kid. Having joint custody and parental rights helps to avert these situations from being decided based on a technicality.

Protecting Your Family

While lawful issues for an non-married family may be different than those for married couples, this does not mean that they are any less important. If you are in an non-married relationship and have or are considering having a child, it is important to take steps to protect your family by legally establishing your role as a mother. Whether you remain in a lifelong relationship or your relationship eventually ends, your parental rank will help you to protect your lawful custodial and visitation rights.

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