Introduction
Raising a child as an unmarried couple presents unique legal challenges that married parents often do not encounter. Parental rights that are automatically granted in a legal marriage may require additional documentation and legal planning for unmarried partners. Whether you are a biological parent, a stepparent, or part of a same-sex couple, it is essential to take deliberate steps to establish and protect your legal connection to your child. Understanding the risks, addressing them through key legal tools, and communicating your family structure to those involved in your child’s life can help ensure stability, continuity, and protection for your family.
What is it?
You must take extra legal precautions to protect your parental rights
As an unmarried parent, you must take extra legal precautions to protect your rights. Parenting rights that are automatically conferred on married partners don’t necessarily apply to you. For example, depending on your state’s laws, you may not be allowed to authorize emergency medical treatment for your child or stepchild if you are a nonlegally recognized parent. You may not be automatically granted custody or visitation rights if your relationship with your partner ends and you are a nonlegally recognized parent. You may not automatically become the legal guardian of your child or stepchild if your partner dies and you are a nonlegally recognized parent, no matter how long you’ve raised the child.
Issues for same-sex couples
Although children born to, or adopted by, heterosexual couples are generally recognized as the legal children of both partners, the same is not necessarily true of children born to, or adopted by, same-sex couples. Consequently, securing legal ties to your children is often a major concern, and you’ll want to seek legal advice from an attorney experienced with family law in your state.
Protecting your parental rights
You can help protect your parenting rights with key legal documents. These include your child’s birth certificate, a paternity statement, a coparenting agreement, a nomination of guardianship clause in a will, and a form authorizing consent to medical treatment for your child authorized by your partner. Bolster these legal documents by discussing your arrangements with the teachers, medical-care workers, recreation leaders, and others in your child’s daily life.
Using key legal documents to protect your parental rights
Birth certificate and paternity statement
If you and your partner are the unmarried biological parents of a child, you need to ensure that you are both recognized as the legal parents. List both your names on the birth certificate. If applicable, you should both sign a paternity statement acknowledging the father’s parentage.
Coparenting agreement
A coparenting agreement identifies the parental rights and responsibilities you and your partner have mutually agreed on. Some areas you may want to address include the following:
- Payment of insurance and medical bills
- Payment of education costs
- Access to school and medical records
- Custody rights if your relationship ends
- Visitation rights to your partner’s children if your relationship ends
- Support payments
A family court will disregard custody or visitation provisions if the court determines they are not in the best interests of the child. State law may prohibit you from making binding provisions about child support payments. Although a court may not specifically endorse such agreements, they nonetheless provide evidence of the parties’ intent and can be helpful in resolving disputes regarding children when a relationship ends.
Nomination of guardianship clause
As a custodial parent, it’s possible that after your death, your child’s grandparents could seek custody. If you wish to nominate your partner to become your child’s guardian after your death, you can do so by adding a clause to your will. Although your surviving partner may have to establish legal guardianship through the courts, the court will take this clause in your will into consideration as evidence of your wishes.
Consent to medical treatment form
As a custodial parent, you can sign a consent to medical treatment form allowing your partner to authorize emergency medical treatment for your child.
Discuss your joint parenting roles with significant adults in your child’s daily life
Notify the significant adults in your child’s daily life (teachers, health-care workers, recreation leaders, and others) about these documents. Discuss your joint parenting arrangement with these individuals. Be sure they understand the roles you each play in your child’s life.
Conclusion
Parental rights should not be left to assumption or circumstance, especially for unmarried couples raising children. Taking the time to put appropriate legal documents in place—such as coparenting agreements, medical consent forms, and guardianship designations—can make all the difference in securing your role as a parent and protecting your child’s well-being. While laws may vary by state, proactive planning and open communication with professionals and those in your child’s life help reinforce the structure and security of your family. With the proper measures in place, you can focus on what matters most—parenting with confidence and care.
Scarlet Oak Financial Services can be reached at 800.871.1219 or contact us here. Click here to sign up for our newsletter with the latest economic news.
Source:
Broadridge Investor Communication Solutions, Inc. prepared this material for use by Scarlet Oak Financial Services.
Broadridge Investor Communication Solutions, Inc. does not provide investment, tax, legal, or retirement advice or recommendations. The information presented here is not specific to any individual’s personal circumstances. To the extent that this material concerns tax matters, it is not intended or written to be used, and cannot be used, by a taxpayer for the purpose of avoiding penalties that may be imposed by law. Each taxpayer should seek independent advice from a tax professional based on individual circumstances. Scarlet Oak Financial Services provide these materials for general information and educational purposes based upon publicly available information from sources believed to be reliable — we cannot assure the accuracy or completeness of these materials. The information in these materials may change at any time and without notice.
