We previously discussed why it is generally a good idea for unmarried parents to obtain a custody order. A point we did not address in that article is the potential ramifications of not obtaining an order when unmarried parents are living apart. It is important to understand that one of the factors that a court will look at, when determining child custody, is the historical relationship between the child and each parent. If, for example, the child has been with the mother on weekdays for the last several years, and the father only had weekend visitation, then the dad may have difficulty convincing the court that the current arrangement is not in the child’s best interests. In other words, the longer a dad allows an undesirable situation to go on, the more likely it is that such a situation will become their permanent arrangement.
Many fathers make the mistake of thinking that they will file for custody later. The problem with this is that when you ask the court to enter a custody order then you must show that the arrangement you are requesting is in the child’s best interests. The court will likely doubt that the arrangement, which you have been following with your ex, is not in the child’s interests; the court’s will reason that if there was a problem with the current arrangement then you would have filed something earlier. This is why, if you are an unmarried dad, you should seek an order that reflects your desired custody arrangement as soon as possible.
Contact our office today to speak with a family law attorney.