Unmarried Parents normally are left with the same custody, visitation, and child support issues as married couples when dealing with their child. How are they going to share the time with their child? What rights does each parent have with the Child?
Fathers are sometimes denied their custodial rights and not recognized by the mother as the biological parent of the child. Other situations lend the reverse where a man is erroneously alleged to be the father of a child and pursued for child support. In such a situation, an action may be filed for paternity. Certain presumptions come into play depending on whether a voluntary declaration of paternity was signed by the father or if the mother was married to another man at the time the child was conceived.
Once Paternity is established, the father’s rights are established and defined. The same issues similarity determined in divorce proceedings are determined in a paternity proceeding; who will have legal custody and who will have physical custody. The party that does not have primary physical custody may end up with visitation. The Court will also determine the amount of child support to be set in the case, child care and health insurance costs.
All throughout this process, either party may seek temporary orders from the Court while the case is pending. Temporary orders are usually requested for child support, custody, visitation, attorney’s fees, and certain injunctions. Cases are ultimately resolved by trial, mediation or stipulated judgment.
The lawyers of Hofland & Tomsheck are committed to offering practical legal advice and trial advocacy without sacrificing results. Working with the firm’s experienced family law attorneys eases your stress and helps you get through the process to obtain visitation and custody of your child.