Disclaimer: Laws may vary from state to state. I advise you to do your own research.

Before You Can Request Child Support

Before we talk about support for the child born to unmarried couples, let’s look at child custody first.

Child custody cases for unmarried parents are quite different from those that involve divorced parents. Divorced fathers generally tend to find themselves in family court fighting for their right to retain contact or periodically visit their children after the separation. While divorced mothers generally are in the courtroom to fight for child support from the fathers. This dynamic is changing as more and more fathers get primary custody, and more mothers become the parent who earns the higher income.

For single parents who’ve never been married however, paternty must be established before the single father can fight for the right to have any type of visitation or joint custoday. And paternity must be established before the single mother can take up the issue of child support the court.

After Paternity is Established

A number of important issues arise for both the single mother and single father when child custody is taken up in court. When the parents of a child are not married to each other, sole physical custody of the children is often awarded to the mother. Unless a father establishes paternity though court approved procedures and takes a strong action to be awarded custody of his children, he is usually left with very little chances of gaining access to them.

If the single mother denies the single father access to the children, he has to seek action in a family court to establish paternity and wait for the judge’s final decision. Full custody of the children are usually only be granted to unwed fathers if the mother is found unfit to raise them. For younger children, the chances of an unwed father being awarded custody have always remained slim, and a lot of time and money is involved in these procedures.

Asking a Court to Grant Financial Support

When it comes to financial support for the child from an unwed couple, there is an increasing number of single mothers going to court to obtain some form of support from the single father. In these cases, the mothers have to first establish paternity so she can request financial support for the children under her custody. Without seeking the help of the court, it is often impossible for mothers to get the fathers to pay for their fair share in raising the children. When support is delivered voluntarily, single mothers face the threat of losing this anytime a single father decides to stop these contributions. But with a court decision after paternity is established, garnishments against the salaries or any form of income the father makes can be arranged, and the children are assured of continuing financial support until they are of age.

If you find yourself in this situation the best thing to do is stay focused on what is best for the child. Making sure that everyone’s legal rights are protected before problems arise is the smart thing to do.