Child custody can become complicated when the parents are not married. Knowing how the law applies in these cases can make it easier for unmarried parents to understand custody matters effectively.
Custody for unmarried mothers
In Louisiana, when a child is born to unmarried parents, the mother automatically has sole custody. This means that the mother has full authority to make decisions regarding the child’s upbringing. This includes education, healthcare, and religion. The father does not have automatic legal custody rights, even if his name is on the birth certificate.
Establishing paternity
For an unmarried father to gain custody or visitation rights, he must first establish paternity. This can be done voluntarily if both parents sign an acknowledgment of paternity or through court-ordered DNA testing. Once paternity is legally established, the father can petition the court for custody or visitation rights.
Determining custody in court
If both parents seek custody, the court will determine custody based on the best interest of the child. A judge will consider the relationship between the child and parents, each parent’s ability to provide, and the stability of each parent’s home environment.
Joint custody is also common. However, if the court finds one parent better suited to take on primary custody, it may grant one parent primary physical custody. In these situations, the other parent usually receives visitation rights.
Understanding parental authority
Even if the court grants one parent primary custody, both parents generally share legal custody. This means that both have a say in major decisions about the child’s welfare.
Sharing custody as unmarried parents
Navigating custody as an unmarried parent involves specific legal steps. By focusing on your situation and staying informed about the rights and processes available, both parents can work toward a custody arrangement that best supports their child’s well-being.