When parents are not married, child custody can still become a central issue, especially if both parents want to have a say in how their child is raised. If you find yourself in this situation, you might wonder whether you need to seek a formal custody order.
Why a child custody order matters
A child custody order outlines the legal responsibilities and rights each parent has regarding their child’s upbringing. In Washington, if parents are not married, the mother automatically holds legal custody of the child. Without a formal custody order, the non-custodial parent cannot claim legal rights, which can complicate things if disputes arise. A court order can help establish clear visitation schedules, decision-making authority, and financial responsibilities.
What are your rights as an unmarried parent?
Unmarried fathers can obtain the same rights as married fathers, but they must first establish paternity. Without a legal acknowledgment of paternity, a father has no rights to custody or visitation. Paternity can be established by voluntarily signing an acknowledgment of paternity or through a court order. Once paternity is established, both parents can petition for custody, visitation, and child support.
The court’s role in custody decisions
If you seek a custody order, state courts will base decisions on the best interests of the child. The court considers factors like each parent’s relationship with the child, the child’s needs, and the ability of each parent to provide care. While parents often share custody, the final decision depends on what’s best for the child in each unique situation.
Take action now
Seeking a child custody order as soon as possible gives both parents legal clarity. It ensures that you are involved in your child’s life and helps prevent future legal disputes. The process can also provide a structured plan for things like visitation and decision-making, which can benefit both parents and children alike.
In Washington, unmarried parents must address child custody formally to protect their rights and ensure the child’s needs are met.
