Child Custody in Unmarried Couples

Posted on 2010/06/08 |
It is becoming more and more common for people to cohabitate and start a family without getting married. Occasionally, this can complicate custody matters should the couple decide to separate, as child custody law can often be hazy in regards to relationships other than marriages. If you and your partner are considering going separate ways and you are concerned about how this will affect your relationship with your child, it may be beneficial to discuss your case in detail with an experienced family law attorney in your area.

In most cases, only the biological parents of a child have an inherent right to custody and visitation privileges. This means that relationships in which only one partner is the biological parent of the child, only he or she has parental rights. Unless the other partner establishes legal custody of the child, he or she has no claim to custody or visitation rights following a split.

In relationships in which both spouses are biological parents of the child, custody is much more akin to traditional divorces. Both parents have a natural right to some form of custody and visitation, although issues such as addiction or a history of abuse may lead to forfeiture of this right.

It is important to understand that, while the issues of legal custody involving unmarried, non-biological parents may be considerably more complicated than those involving biological parents, this does not mean that the love of a non-biological parent is any less important or profound. If you or someone you love is separating from a long-time partner and is concerned about how this will affect his or her relationship with a non-biological child, it may be beneficial to discuss his or her case with an experienced family attorney. To learn more about the process, please visit the website of the Austin family-law attorneys of Slater Kennon & Jameson, LLP.

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