Which Parent Has Custody of the Child if the Parents Are Not Married?
I have had many single fathers come into my office, very exasperated and feeling helpless because the mother of their child is refusing to give them visitation or any contact with their children. There seems to be a misconception that exists that if a father is unmarried, he does not have rights to his children.
This is FALSE.
Fathers and mothers both are presumed to have the same rights to their children. Nevada law prefers joint custody and family courts begin each child-custody case with a presumption that custody should be equally shared by both parents. The judges recognize that the fathers have the same rights to the children as the mothers do. However, the difference is that for an unmarried father to protect and enforce his custody rights, it is best for him to file a custody order with the court immediately after separating from the mother. And you do this to protect your rights and to show the court in the event of a custody battle that you did not abandon the children or had no interest in being an active father in the children’s lives.
The judges look to what is in the best interest of the children and it is a presumption that the best interest of the children is to have a relationship with both parents.
In getting a custody order, an unmarried father can, as I stated, protect the rights of the children. Without a custody order, the mother has no obligation to allow visitation to the father. And secondly, a custody order will also provide a set visitation schedule that must be followed and enforced by both the mother and the father, and it prevents the father from being denied the right to the children
I hope that this has answered this question. The main thing that I want you to take away from this topic, is that whether married or unmarried, fathers have the same rights to custody as the mothers do.
If you have questions about this topic or any other topic in family law, please go to VegasDivorceMeeting.com and I will be more than happy to sit down with you to discuss your situation.
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