In general, Connecticut determines child custody for unmarried couples in the same way it determines these matters for married couples.
The state operates under a presumption of joint custody, meaning that, in most cases, it assumes that parents will share custody of their child.
However, in some situations, the state may award sole custody to one parent or grant third-party custody. A West Hartford child custody lawyer can give you more information about how to determine child custody for unmarried couples in our state.
How Do Unmarried Couples Determine Child Custody in Connecticut?
Unmarried couples can determine child custody matters by working with professional family lawyers. Attorneys can provide more information about the specific laws surrounding child custody in Connecticut.
The legal system often encourages unmarried couples to develop a child custody plan outside of court. Lawyers can review these plans to make sure that they adhere to all relevant state laws.
Our state generally expects parents, including unwed couples, to pursue joint custody after the dissolution of a relationship. However, some parents may pursue sole custody. If so, they need to demonstrate a sound reason for this decision to the court.
Call today for a consultation (860) 357-9158
Unwed Fathers Must Establish Paternity to Get Child Custody
While unmarried couples can share child custody in Connecticut, fathers must establish paternity before they can get custody of a child. Fathers can use the following methods to establish paternity:
Information on the Birth Certificate
A father automatically gets parental rights if listed on a child’s birth certificate, regardless of the marital status of the parents. Generally, the birth certificate gets filled out at the hospital. If the father is not present at the time of birth, the mother may decide not to include him on the birth certificate. However, fathers have the option to amend the birth certificate in some cases.
So, if both parents are on the birth certificate but not married, who has custody? In this situation, the court typically expects parents to seek joint custody. If the father is not listed, the mother will generally have sole custody until such time as the father establishes parentage through other means.
Completion of an Acknowledgement of Paternity
If both unwed parents agree on the identity of the child’s biological father, they can complete an Acknowledgement of Paternity Form. Completing and filing this form will establish the paternity of the father and means that the parents could seek joint custody of a child.
Getting a Court Order for Paternity
Sometimes, one parent or the other will refuse to complete an Acknowledgement of Paternity. In this situation, the other party has the option of filing a paternity action. When going through this process, a judge may request a DNA test, with the results of the test becoming admissible in court.
A West Hartford family lawyer can provide more information about parentage actions in Connecticut and how to determine child custody for unmarried couples.
How Does the Court Make Decisions About Child Custody?
The court will prioritize the best interests of the child when determining child custody arrangements for both married and unmarried couples. The court will consider numerous factors before making a final decision if the parents cannot choose an acceptable joint custody arrangement outside of the legal system.
In many situations, the court will focus on the child’s:
- Emotional and physical safety
- Preferences and wishes
- Cultural background
- Developmental needs and temperament
Additionally, the court will assess each parent’s:
- Ability to fulfill the child’s needs
- Willingness to facilitate a relationship with their child
- Current and past parental relationship with the child
The legal system also considers the stability of each parent’s home when making custody decisions. Other factors may influence these decisions, so it’s crucial to discuss the process with an attorney.
Click to contact our family lawyers today
Can Child Custody Go to Another Party?
In some cases, the Connecticut court system may award custody of a child to someone other than the child’s parents. For example, the legal system may grant custody of a child to a grandparent, depending on the circumstances of the child’s parents.
The court can make this decision when dealing with either married or unmarried couples. A lawyer can provide more in-depth information about decisions related to child custody.
Complete a Case Evaluation form now
Talk to Us About Determining Child Custody in Connecticut
Do you have questions about how to determine child custody for unmarried couples? In this situation, you can turn to our team at Rich Rochlin Family Law to learn more about how the state makes decisions about child custody and other family law matters.
We have over three decades of combined experience that we can use to help with your legal needs. We’ll listen to your concerns and provide clear, straightforward answers to all of your questions about issues related to paternity, custody, and protecting your children and your family relationships.
We’re standing by now, so reach out and get the support you deserve.
Let us help navigate your family legal matters schedule your consultation now.
