Unmarried Couples and Parenting : A look at the legal rights of Parents and their children
Unmarried Couples and Parenting
Most people picture an “unwed mother” as a teenage girl rejected by her boyfriend as soon as her baby is conceived. However, most unmarried parents are adults and are regularly in committed relationships even if they are not married. Therefore, how does the marital status of these unmarried parents affect their legal rights and what impact do the laws have on their children ?
Parental rights are established by state legislation and change widely.
In most of the cases, unmarried parents have less rights than those who are married. In order to claim their limited rights unmarried parents have the added challenge of working through the legal system.
Nebraskan Luke Armour became very well known with his home state’s parental rights laws after he lost the custody battle for his daughter.
His ex-girlfriend Informed that she was pregnant and then notified of her intention to give the baby up for adoption, For custody Armour hired an attorney to petition.
Unluckily, for unmarried fathers the state of Nebraska only allows 30 days to assert their rights. A mistake in the attorney’s office steer to a missed deadline. Like that, Armour lost the battle to be a father to his baby girl.
Seven states still actually make it illegal for unmarried couples to live together, inspite of how common copulation is today. While these laws are rarely applied, they add to the blame for this kind of family.
Various states also ban sexual relations, evan in the privacy of a home between consenting adults. People living in these states are banned by federal law to claim an unmarried partner as a dependent on their partner as a dependent on their income taxes, this can add a financial trouble to unmarried partner when one parent stays at home to raise the children. Domestic partnership laws do not solve the problem, since they are usually not applied to heterosexual couples, this can also affect finances by limiting insurance coverage and other benefits.
So however are you able to best guarantee your rights ? As soon as your baby is born it starts with the paperwork as soon as your baby is born. It is important to make sure that both parents are listed on the child’s birth certificate, this authorizes you both as the legal parents and ensures your child will have benefits should something happen to you.
Some times a couple is raising a child who is biologically related to only one of them. In this case,unless an adoption takes place, the unrelated parent has no parental rights. In order for an adoption to be completed, either both biological parents must agree or the non-custodial parent has to be shown as unfit or guilty of abandonment.
This process can be expensive and time-consuming, but it is important in the event something happens to the biological parent or to secure benefits coverage. In a separation, a non-biological parent has no claim to custody without an adoption has taken place.
If you are an unmarried parent, it is critical to learn the logical laws that affect your situation, as you cannot assume that you have the same rights as the married parents surrounding you. You may also need to take extra steps to ensure your child’s future since in the event of your death, your partner may not automatically be considered the legal guardian if on the child’s birth certificate he or she is not named.