Custody of Non-Marital Children Attorney

Serving Nassau & Suffolk Counties

When parents of non-marital children (formerly known as children “born out of wedlock”) face custody issues, establishing and protecting parental rights becomes a priority. Understanding the legal processes and securing a fair custody and support arrangement is critical for the child’s well-being. Establishing legal paternity is crucial in securing these rights, particularly for fathers who may not have been listed on the child’s birth certificate. Once paternity is confirmed, both parents can pursue custody and parental access/visitation rights, ensuring they can play an active and meaningful role in their child’s life if they so desire.

Tailored Legal Solutions for You and Your Family

At Joseph Law Group, P.C., we are committed to helping parents with custody arrangements for non-marital children. With years of experience in family law, we provide knowledgeable and compassionate representation, ensuring that parents have the support they need to make informed decisions about their children’s future, while focusing on a swift and lasting resolution outside of court.

Legal Rights of Parents of Non-Marital Children

Both mothers and fathers have parental rights, but for fathers of non-marital children (formerly referred to as children “born out of wedlock”), establishing legal paternity is essential. Without this legal recognition, a father may not have custody or visitation rights, and the child may not be entitled to support from the father.

Establishing Paternity: Paternity may be established voluntarily by acknowledging paternity or by court order through a paternity test. Once paternity is confirmed, fathers can pursue custody and visitation rights, and they will be obligated to provide child support, unless they have primary physical custody of the child.
Implications of Paternity: Once legal paternity is established, fathers gain the right to seek custody or visitation and are also responsible for child support, presuming they do not have primary physical custody of the child. When determining custody, the court will consider both parents’ ability to provide a stable and supportive environment.

Factors Influencing Custody Determinations

In custody cases involving non-marital children (previously referred to as children “born out of wedlock”), New York courts base their decisions on the best interests of the child standard. Several factors influence this decision, including:

The parent’s historical relationship with the child, if any
The child’s emotional and physical well-being
The stability of each parent’s home environment
The relationship between the child and each parent
Each parent’s ability to provide for the child’s needs
Any history of domestic violence or substance abuse

These factors are in place to try to ensure custody decisions promote the child’s overall welfare, providing a stable and supportive environment.

Custody Agreements and Court Orders

Formalizing custody arrangements for non-marital children is essential for avoiding disputes and ensuring that both parents understand their rights and responsibilities. A custody agreement typically outlines key issues such as parental access/visitation schedules, decision-making authority, and parental responsibilities. When parents agree on these terms, the agreement can be submitted to the court for approval, making it legally binding. When parents cannot agree on custody, the court may issue a custody order after reviewing the case and determining what is in the child’s best interests.

Modifications and Enforcement of Custody Orders

As circumstances change, custody orders may need to be modified to reflect the child’s or parents’ new realities. Common reasons for seeking a modification include a significant change in one parent’s availability, a relocation, or a significant change in the child’s needs.

Modifying Custody Arrangements: To modify a custody order, the parent seeking the change must demonstrate a significant change in circumstances and show how the modification will serve the child’s best interests.
Enforcing Custody Orders: If a parent is not complying with a custody order, the other parent can take legal action to enforce it. Such action may involve filing a motion with the court and providing evidence of the violation. Proper documentation of non-compliance is critical for these cases.

Guiding You With Wisdom, Clarity, and Sound Advice Consult Joseph Law Group, P.C.

Custody matters involving non-marital children (formerly known as children “born out of wedlock”) can be complex, especially when it comes to establishing legal rights and protecting your relationship with your child. Having experienced legal representation ensures that your interests—and your child’s well-being—are fully protected. At Joseph Law Group, P.C., we provide the guidance and advocacy you need to resolve the custody process for children born outside of marriage swiftly and effectively.