Ryan Family Law, P.C.
Ryan Family Law, P.C.

Elgin, Illinois
847-586-0161

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What are the steps to get custody of a child as an unmarried father?

Children deserve the best care and attention from both parents during their upbringing for them to lead a wholesome life. However, circumstances may not always allow this and often, parents who are unmarried face challenges when seeking custody of their children.

While it may seem complex, it is in the best interest of the child to first have an unmarried father prove his legal status as a parent. If you are an unmarried father wishing to gain custody of your child, there are several legal requirements you need to fulfill first. These include:

Establish paternity

To get legal recognition as the child’s father, you must first establish paternity. This legal recognition is essential for any custody claims. There are several ways to prove paternity, including:

  • Signing a paternity affidavit: Both parents can voluntarily sign this at the hospital when the child is born, establishing the father’s legal rights.
  • DNA testing: If paternity is disputed, a court can order DNA testing to determine biological fatherhood.
  • Court order: If necessary, you can file a petition to establish paternity, which may involve a hearing.

Once paternity is established, you gain the legal rights to pursue custody and visitation, which sets the foundation for further steps in the custody process.

Demonstrate fitness to be a parent

Even with established paternity, you will be required to demonstrate that you are capable of parenting the child and that custody rights would be in the best interest of the child. This involves demonstrating that you can provide a stable and nurturing environment. 

The court will consider factors such as your living situation, parenting skills and any history of substance abuse or criminal activity. Active involvement in your child’s life, like attending school events and maintaining regular communication, can strengthen your custody case.

Following these steps is essential to maintaining your legal rights and serving the child’s best interests.

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