It is commonly believed that child custody disputes happen between divorced couples only. However, unmarried couples also have certain legal situations they have to deal with. In unmarried settings, the law seems to favour the mother unless the father takes legal steps. This means that the unmarried father may lose custody if they do not establish their parental rights.
Washington law offers unmarried parents the same legal rights and responsibilities as married parents regarding custody, visitation, and child support. However, custody is typically given to the mother at birth unless the father’s name is on the birth certificate or there is a legal acknowledgement of parentage. Without the formalities, the mother holds the power.
Therefore, if you are the father, it is especially important for you to be aware of your rights. Custody issues can be emotionally difficult to deal with. Misunderstandings can not only waste your time but cause harm to your child. This is where the assistance of a family lawyer from the Law Office of Amanda J. Cook, PLLC, can offer great help.
Overview of Washington state custody laws
In Washington, custody of a child automatically goes to the mother unless the father has established paternity through an Acknowledgment of Paternity or a court order. Once paternity is established, both parents have legal rights to seek custody arrangements. This legal step is essential for the father to be involved in decisions regarding the child’s upbringing.
Acknowledgement of Paternity can be done by both parents to recognize the father as a legal parent. If this step is skipped, the court only considers the mother to be the legal guardian of the child. Thus, it limits the father’s rights. The father will not be considered for visitation rights and other custody-related things.
Factors considered in custody decisions
When making decisions regarding custody, the court considers a number of factors. The focus is on the best interests of the child.
- The child’s emotional relationship with the parents and preferences.
The court considers whether the child has a good emotional connection and a healthy relationship with the parents. The closer they are to a parent, the more that particular parent is favored. Moreover, if the child is old enough, then their preferences are also taken into account. Although, the child should be old and mature enough for this.
- Stability of the parents and safety factors.
The court sees whether either parent can provide a financially stable environment for the child to be raised in. A young mind deserves to grow up in a safe and loving home. If there are any negative factors, such as substance abuse by the parent or a history of domestic violence, that particular parent may lose custody and receive fewer rights.
- The health and well-being of the parents.
The physical, mental and emotional health of the parents are crucial factors. The court will ensure that both the parents can meet the child’s needs perfectly, including emotional stability and support. If a parent has any health issues that might come in the way of that, this will be considered during custody hearings.
What happens when you do not get custody?
If you do not receive custody of your child, you may have limited visitation rights. The court may develop a visitation schedule, but the non-custodial parent still gets to spend less time with their child than the custodial parent. Moreover, you may be required to pay child support. Failure to pay for these can result in legal consequences.
Protect your rights today!
With limited custody also comes limited rights to make decisions about your child’s life. This can lead to anger, sadness and frustration. This is why it is important to work with an experienced and robust family law attorney. Call one today to protect your relationship with your child!
