Child Custody – Does and Unwed Parent Have to Allow Visitation?

The biggest difference between unwed parents and a childless married couple that is divorcing is that the unwed parents will continue to come in contact with each other while the childless couple will both go on their separate ways. As an unwed parent the child custody landscape always looks rocky. While it is intuitively obvious that married couples will go through a divorce process, there is nothing intuitive about being an unwed parent and going to court.

So what is an unwed parent to do? To me it seems that divorce for a childless couple is far less complicated than the custody process for an unwed couple. But the process for any parents will be very similar. One of the first things to do is establish paternity. This can normally be done by signing a document. If paternity is in question the court can order a DNA paternity test. Once paternity is established, the rest of the process can proceed. 

The most important thing on any parents mind is the question of visitation. If the parents were never married and did not live together, how do they determine visitation, or is it even necessary? The short answer is yes. Of course there are reasons why the answer would be known but that is in the extreme, like danger to the child. While the court is waiting to hear your case, you will probably want to make arrangements for the other parent to have visitation with the child.

This will be a good sign that you are willing to co-parent or at least share the child if you are awarded custody. While you should allow the other parent visitation you should also make an effort to establish a reasonable schedule that works well for the child. Remember that while you may not get along with the other parent, they are still your child’s parent and your child has the right to have a healthy relationship with them. Even if you find it painful, put the child first and ensure they get to have a great relationship with both of you.

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