How Can an Unmarried Father Get Custody?

 Posted on October 29, 2024 in Child Custody

Roughly 40 percent of children are born to unmarried parents. Parents today feel less pressure to get legally married just because they are having a child together. When a child is born to an unmarried mother, the mother is presumed to have sole legal custody unless the father takes legal steps to get placement and decision-making rights. This is often a non-issue when the parents are in a committed relationship, but it can become a big problem when the parents split. Fathers already have a statistical advantage in child custody cases. Although mothers and fathers are to be treated equally under the law, courts tend to favor mothers in child placement disputes, especially when the child is very young. If you are an unmarried father seeking custody of your child, you need an experienced Madison, WI child custody lawyer to fight aggressively for you.

First, Establish Legal Paternity

The first step to getting custody of your child is to establish your paternity. Many unmarried parents sign Voluntary Paternity Acknowledgement forms at the hospital when their children are born. If you did not do this and the mother will not sign one now, you will need to go to court. The court can order the mother to allow a paternity test.

You Must Prove That Living With You is Best For The Child 

Courts make child custody decisions based on what is best for the child. In nearly all cases, the court will find that spending some time with each parent is in the child’s best interest. If you are asking for primary custody - more than 50/50 custody - you will need to show why your child is better off spending most of her time with you. Going for sole custody can be an uphill battle - courts rarely want to sever a parent-child relationship by leaving one parent with no custody time. However, courts do often order supervised visitation only for one parent.

It will likely help your case if you can show: 

• You are more involved in your child’s life - The parent who is the child’s primary caregiver and has a closer relationship with the child is more likely to get more custody time. 
• You can make lifestyle changes to accommodate having your child with you. If you can show the court that you will be able to change any lifestyle factors that would negatively impact your parenting, this can help. 
• Your child wants to live with you - Depending on your child’s age and maturity level, the court may respect your child’s wishes. 
• The mother is an unfit parent - If your child is not safe with her mother, the court will want to place your child in a safer situation. 

Contact a Dane County, WI Child Custody Lawyer 

John T. Fields & Associates, LLC is committed to providing unmarried fathers with the best representation possible. Dedicated Madison, WI child custody attorney John T. Fields will do all he can to help you win your case and get primary or full custody. Contact us at 608-729-3590 for a confidential consultation.