Generally speaking, being unmarried adds challenges to a father seeking to obtain custody or visitation of his child or children. As an unmarried couple, there is no official “divorce proceeding.” However, the breakup of a relationship can be just as traumatic and can raise just as many questions about custody and visitation.

Essentially, under Maryland law, the mother is presumed to be the parent of any children and, therefore, is deemed to have custody. On the other hand, a father still has significant rights regarding any children.

For a father seeking custody and/or visitation, the first step is establishing paternity. Note that this may be easier than one might think since, once paternity is established, then a father’s OBLIGATIONS also “kick in.” Often, one main obligation is to pay child support for their child or children. On the other hand, if the mother does not want the father involved in the child’s life, then, maybe, she resists any effort to establish paternity despite the economic advantage of possible child support payments..

As noted, legally establishing paternity is the first step, and it may take some time. Paternity can be established in several ways, including:

• Obtaining a court order (usually after a DNA test that establishes paternity)
• Signing the child’s birth certificate and preparing/signing an affidavit of parentage
• Signing other forms of written acknowledgment of paternity
• Marrying the mother and acknowledging paternity

Once the father has established paternity, then as part of the same legal proceedings or as a new proceeding, the father can seek to enforce his rights as a father. These include custody and visitation rights depending on his desires. As a reminder, of course, seeking to enforce rights will also lead to the enforcement of obligations. Aside from custody and visitation, establishing paternity also grants the father rights related to major decisions for the child, such as education and health, as well as rights to information, access to records, involvement in medical decisions, inheritance, and more.

In any event, on the questions of custody/visitation, once the issues are joined, Maryland courts will decide issues of custody and visitation in the same manner that such issues are determined in Maryland divorce cases. For such cases, decisions about custody and visitation will be determined based on the “best interests” of the child or children involved. Courts consider many factors in determining what is in the “best interests” of a child. Some of these include:

• Who has been the primary caregiver
• Material advantages that one parent or the other can provide to the child
• Fitness to be a parent — this involves character, habit, psychological, and physical capacities
• Character and Reputation
• Any agreements between the parents
• Ability to maintain extended family relationships
• Where the parents live and will live
• Child preference — usually considered only for older children
• Age, health, and gender of the child
• Age, health, and gender of the parent
• Any prior adverse considerations like abandonment, neglect, abuse, etc.

Contact Waldorf, Maryland Family Law and Child Custody Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland family law and divorce lawyer at (301) 870-1200. We are Waldorf, MD, Family Law lawyers. Our address is 2670 Crain Highway, Waldorf, MD, 20601.