Who gets custody if we were never married?
On behalf of Furr & Cohen, P.A. posted in Unmarried Couples on Saturday, June 25, 2016.
In the majority of states, if a child is born from an unmarried couple, it is the mother who will be granted physical custody by the courts. However, if the child’s father desires custody, he can pursue it, and if he can demonstrate that the mother is unfit and it is not in the best interest of the child to remain solely with her, he may be granted custody.
The father getting custody is not a common scenario and is very unlikely if the mother is well-suited for the role. He can manage a level of visitation privileges and even partial custody in some circumstances.
If a couple is unmarried and child custody does become a dispute, it is handled virtually the same as divorcing parents. There is the option of settling outside of court, through mediation or informally, and there is the option of allowing the court to determine custody and each side presenting their merit. A family court will consider a series of factors and determine who the primary caretaker of the child should be.
If you are unmarried and are concerned about the amount of time you will lose now that you and your child’s other parent are not together, a Florida family law attorney may be able to ensure you get the time your child needs with you. The best interests of the child are always at the heart of every determination of child custody and if you are a good parent and want to be there for your child, then you should do what you can to get the custody terms you desire.