Fathers have custody rights of their children since they are the biological parent, just like the mother. On that account, they have the right to seek physical custody and enjoy visitation privileges, whether he was married or unwed when the child was born.
Therefore, fathers can live with their children once the court has approved that the conditions are ideal. In the past, the law favored mothers in comparison to dads. However, things have changed, and fathers have a legal entitlement to their children.
The court will grant custody if the father can cater to the needs of the child adequately. For that reason, the judge will determine if the arrangement will befit the kid and serve his or her interests. The process starts with an evaluation that entails your financial status and your history with the kid.
The assessment will also encompass your physical availability to cater for the child. Other crucial aspects that factor in are your emotional and mental state as a parent. After you pass the evaluation, you should be ready for a child custody battle.
To proceed, the court has to establish paternity so that you can get custody rights for the child as a dad. If you married the kid's mother, the law assumes that you got the child out of the marriage as a husband.
On the flip side, if you weren't married when the child was born, paternity needs to be established. It will prompt for DNA testing to determine if indeed, you are the biological father or not. You can present the child's birth certificate, but the DNA results will hold water. If you don't agree to do a DNA test if you are unwed, you will not have a right to fight for custody and legal visitation rights.
If you have legal needs, contact Bush & Taylor, P.C online, or by calling us today at (757) 926-0078 to get help from our Suffolk County child custody attorneys.