Dads Wanting Custody Without Being Married: What To Do

Posted on: 2 August 2017

Whether you were married before the birth of your children or not, as a dad you still have a lot of love to give them. If you're seriously mulling over the possibility that you deserve primary or joint custody of your kids, however, you may need to accomplish the tasks below and secure professional help so that you can legally succeed.

Take Paternity Tests

Before anything else, paternity is something you'll need to legally prove when no marriage is on record. You may think it preposterous that anyone would deny your fatherhood, but in a legal sense, a court will take you more seriously when they know that you're without a doubt your childrens' dad. Take a paternity test for every kid and have results submitted to the local court.

Pay Child Support

If a prior custody arrangement is in place but you want to change it, you might back off of your child support payments because you think you'll need that money once a new agreement is reached and the kids live with you. However, nonpayment generally does not look good in the eyes of the court. Making good faith payments shows your commitment to your children and their care and puts you in a better position for a custody change request.

Track Activities

To support your claims that you should have custody rights, it will help if you can show the many ways in which you contribute to the lives of your children. Whether you collect them at the end of the school day or shuttle them to clubs and activities, you may want to keep a logbook or journal that tracks your activities.

Be Civil to Their Mom

You might not think your kids' mom is doing a great job, but it's important that you maintain a respectful and civil relationship to her. Not only is an amicable relationship less stressful for the children involved, but she might be more willing to budge on custody issues if you're able to show that you can be a good partner and team player. If you have difficulty being calm or civil with your ex-partner, you might want to investigate the possibility of talking with a family therapist or getting therapy on your own.

These suggestions may make your custody goals more likely to be a reality. Discuss your family with a law firm like Lois Iannone Attorney at Law to learn what more there is to be done.


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