You may wonder if custody agreements are different for unmarried parents who are separating. Our Rochester family law attorney would be glad to meet with you for a consultation to discuss your specific case with you. We have guided many unmarried couples through custody agreements. Please give us a call today to schedule your first meeting with our attorney Michelle Cimino today.
Establishing Paternity
In order to proceed with custody agreements in NYS, you need to establish paternity. Sometimes that is as simple as both parents signing a voluntary acknowledgment of paternity. Married parents have the law assume that the child is biologically the husband’s. With unmarried parents, there needs to be an establishment of parentage.
Some couples will need to do DNA testing to confirm paternity. Sometimes paternity has less to do with DNA and more to do with the role the man plays in the child’s life.
We can guide you through this.
Determining Child Custody
Child custody for unmarried parents is going to work very similarly to how it would work for married couples. There are very few differences. You might have heard that the mother always wins custody battles. That is a myth. The court looks to several factors to determine the right custody agreements that have nothing to do with the sex of the parents.
They will look to see who does more for the child in terms of feeding them, taking them to medical appointments, bathing them, bonding with them, etc. Often times that is the mother but there are plenty of fathers who take on the primary caregiving roles.
They will also see who can provide them with a lifestyle that is not going to drastically change. The finances, involvement each parent has with the child, and housing situations are going to be huge factors that go into determining custody.
Calculating Child Support
Child support in NYS is very straightforward. It essentially goes into a calculator that spits out a number for one parent to give the other.
Regardless of whether you are unmarried parents or not, child support might not be needed in your case. If it ends up that you share custody equally, there will not likely be child support.
If one parent has full custody, child support is more likely to be required.
Again, NYS has a formula that your case details get put into to produce payment for child support.
Call Our Rochester Family Law Attorney Today
If you are unmarried parents preparing to separate, we hope you reach out to our Rochester family law attorney Michelle Cimino right away. We want to help you through your case every step of the way to protect your and your child’s interests. We know this can be an incredibly difficult journey. Give us a call today to set up a consultation as soon as you can.
