Unmarried parents can face a variety of challenges when it comes to custody laws. Whether you are a parent who wants to gain sole or shared custody of your child, we can help you understand the law and what it means for your family. Here’s what you need to know:
What Does Maryland Law Say About Unmarried Parents?
According to Maryland law, both parents have equal rights to the child unless, based on evidence, a judge determines that one parent should, for specific reasons, have limited or no rights. If there is no court order determining rights and custody, the mother and father are considered “joint managing conservators” of their child.
However, before any child custody case moves forward paternity must first be established. Paternity is typically established in two different ways: through birth certificates or genetic testing.
Understanding the nuances of custody laws for unmarried parents can be overwhelming. Working with an experienced family law attorney ensures accuracy and diligence for the best possible outcome.
Will My Child’s Other Parent and I Get Joint Custody?
In Maryland, there are two types of custody to be determined for each child. Physical custody refers to the residence of the child and legal custody refers to decisions made for the child such as education, medical treatment, religion, etc.
Arrangements for one or both parents may include sole physical and legal custody, sole physical and joint legal custody, and joint physical and joint legal custody. Child custody will depend on the circumstances and history of each parent, as well as the interests of the child. Overall, many factors contribute to a determination of child custody.
Elements that contribute to a determination of the best interest of a child include:
- The physical, mental, and emotional ability of the parents to meet the needs of the child.
- History of domestic violence or abuse (current or past relationships).
- History of abandonment or surrender of custody by either parent during this marriage or relationship.
- Ability to maintain family relationships with any other children outside this marriage or relationship who were born before or after this divorce/legal separation proceeding takes place (if applicable).
How are parents’ paternity can be established in Maryland?
In the state of Maryland, the paternity of a child can be established in one of three ways:
- Marital presumption
- Affidavit of Parentage at the time a child is born
- Judicial declaration
Parenting laws in Maryland are based on the best interests of the child. A judge may determine that it is in the best interests of a child for his or her parents to share custody after paternity has been established. When this happens, both parents have legal rights and responsibilities regarding their children.
Our Process
Consultation
We start by discussing your financial circumstances and understanding your goals related to support, whether paying or receiving alimony.
Strategic Planning
We help you establish or reinforce your legal relationship with your child by determining if paternity needs to be confirmed and outlining a clear custodial goal for your case.
Preparation & Documentation
Our team gathers birth records, parenting history, financial information, and any communication that supports your case for legal or physical custody—and child support if applicable.
Negotiation & Custody Agreements
When possible, we work with the other parent to develop a parenting plan that sets a foundation for cooperation and ensures your ongoing relationship with your child.
Litigation & Court Representation
If an agreement can’t be reached, we advocate for you in court with a focus on your parental fitness, child’s best interests, and your legal rights under Maryland family law.
Ongoing Support
We continue to support you with modification requests, enforcement of custody orders, and guidance on co-parenting as your child grows and circumstances evolve.
Let Milstein Siegel guide you every step of the way as you assert your rights and protect your relationship with your child.
Talk to the Experienced Family Attorney Team in Maryland
The attorneys at Milstein Siegel are prepared to can help you navigate the complex legal issues involving child custody and visitation. With over 30 years experience, our attorneys will guide your custody case through settlement, mediation, or through court. To learn more about your rights as an unmarried parent, contact the experienced Maryland family law attorneys at Milstein Siegel at (443) 230-4674 or schedule a consultation online.
Custody FAQs for Unmarried Parents
Do unmarried parents have the same custody rights as married parents in Maryland?
Yes, in Maryland, both unmarried and married parents have the same legal rights to seek custody or visitation. The court’s primary concern is the best interest of the child, regardless of the parents’ marital status.
Who has custody of a child if the parents are unmarried?
If the parents are unmarried and there is no court order in place, the mother is typically presumed to have sole custody by default. The father must establish paternity to seek custody or visitation rights.
How can an unmarried father establish paternity in Maryland?
Paternity can be established through a mutual acknowledgment signed by both parents or through a court-ordered DNA test. Once paternity is legally established, the father can petition the court for custody or visitation.
Can unmarried parents create a custody agreement without going to court?
Yes, unmarried parents can work together to create a parenting plan or custody agreement. However, for it to be legally enforceable, it must be approved and signed by a judge.
What factors do courts consider when awarding custody to unmarried parents?
Maryland courts focus on the best interests of the child, considering factors such as each parent’s caregiving role, emotional bonds, stability, living situation, and ability to meet the child’s needs.
Do unmarried parents have to pay child support in Maryland?
Yes. Once paternity is established, both parents are legally obligated to support their child financially. The non-custodial parent may be required to pay child support based on Maryland’s Child Support Guidelines.
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