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How Unwed Fathers Get Child Custody
What Unwed Fathers Should Know About Gaining Custody
Establishing paternity is the first step in getting custody
Many fathers who are not or were never married to their child’s mother may think the likelihood of them obtaining custody is slim to none. The truth is unwed fathers can gain custody of their children through a suit affecting parent-child relationship, also known as SAPCR. SAPCR is also commonly referred to as a paternity suit. Petitioning the court for a paternity suit is the first step unwed fathers need to take to obtain custody or visitation with their children.
The outcome of the paternity suit, however, is not based on a procedure but more on many factors that a judge considers throughout the case. Judges look at a wide array of factors, most notably the relationship the father has with the child and any parenting concerns the father has regarding how the child’s mother is caring for or raising him or her. These factors play a major role in how the judge decides the case and whether the father gets the outcome he hopes for.
Filing a Paternity Suit
When an unwed father files a paternity suit, he is petitioning the court to provide him with access to his child, which is based on the idea that contact with both parents is within the child’s best interests. In this petition, the father can request custody, visitation, or both, but it is important to note that custody and visitation are not the same thing. Once the petition has been filed with the court, the father needs to ensure that the child’s mother is served with a notice that a petition has been filed.
Making a Custody Case
Fathers will want to hire an attorney to help build their custody case. If fathers have any concerns or evidence that the mother is improperly parenting the child, it is important they inform their attorney of these facts, including reports of neglect, any cases with child protective service agencies, or evidence of unfit behavior. If the mother does not have any negative parenting attributes, the father may want to consider petitioning the court for visitation as a backup plan.
The Custody Decision
Depending on the circumstances of the case and the evidence presented, the judge decides on the father’s petition. The father’s request for custody or visitation will either be granted, denied, or some compromise will be made between both parties. It is important to know there is no such thing as a “final decree” when it comes to child custody issues – there is always an opportunity to have child custody agreements modified or changed depending on the circumstances of the case.
I live in the state of Florida I have three boys and one on the way been with the same woman 10 years but we’re not married she pulls the kids away from me as she feels like whenever she gets mad at me which is not fair to them nor I she knows I have no money for a lawyer because I am the Sole Provider for our family she also has a big family on her side and I have nobody really I can count on that being said I’m stuck in the Dilemma I am a great father I do everything I can for an with them and they love me more than anything really hurts me to know she’s hurting them by not letting them come home when they want to just cuz she’s mad at me therefore I really need some help with filing for my rights in Florida can anybody please help me
Ok so i got a donestic on my children’s mom drunk a couple weeks ago Can i Persue and charges if the mother will not let me see them or talk to the and has moved 3hrs away from where they was born and no one by them will awsner if i do call but she has my number blocked and blocked social media I have no way of speak with my kids or knowing where to drive to see them
Where are you located?
My grandson is so totally broke after paying for 2 lawyers fees he barely has money to eat on or gas for work, this is sending him into a state of depression (as well as me-I am his only grandmother), he just went thro a horrible divorce, now the ex girlfriend won’t let him see his 9 yr old daughter KhloeKate, she’s heartbroken to, the mom and stepdad doesn’t let KhloeKate talk to him except on their terms. My grandson 8 months ago did use some drugs not all the different drugs, but quit an is clean, the court at litem is extremely rude to him and is 100% for the ex girlfriend, please do you know anyone that could possibly help him free or super low fees, the lawyer he has has charged over $900. so far & done nothing, does not give him any hope, the ex want full/complete custody, child support, his family hasn’t got any visitation at all, the courts did give him every weekend but she’s saying no to that now I don’t have any money except my $870 social security ck, he makes 13$ a hr working concrete construction which depends on weather. My name is Jacque, my grandson is Sam Crawford
My number is 8703734242, I pray you can help.
You should listen to the courts. Sorry, but your grandson is an addict and it sounds like he’s been clean, at most, for a few months. That’s nowhere near enough time to ensure that he is committed to staying sober and is fit to raise a child.
Instead of worrying about your grandson, maybe you should try actually worrying about your great-granddaughter and keep HER best interests in mind.