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The idea of two parents creating an ongoing relationship with a joint responsibility for raising a child is widely accepted in society. This agreement by two unmarried parents to share in the care and production of the child is defined as co-parenting or sometimes referred to as “co-parenting”. Because the two parties were never married there is often confusion surrounding the rights of parents, particularly in the area of parenting. In this article we will review the concept of establishing parental rights for co-parents and provide helpful information in regards to the safeguards available.
Co-parenting agreements vary based on the circumstances surrounding the relationship of the two individuals involved. As such, the need for these agreements often hinges on the willingness of the couple to negotiate and settle issues such as who will have legal custody, who can make decisions about the child’s medical care, religious upbringing and education, and how the child’s needs will be met. Co-parenting agreements should likewise include legal stipulations surrounding the financial responsibility of both parties including the level of child support that will be paid.
When parents are not in agreement on one or all of these issues, it is often beneficial for co-parents to pursue legal counsel to address and resolve matters. Establishing a co-parenting agreement with the help of a family law attorney adds an additional layer of accountability and reinforces a commitment by both parents to comply with the terms of the agreement.
Whenever a child is born to two unmarried adults, there is an absence of a legal relationship between the two (with few exceptions). Therefore, the parents must voluntarily enter into an agreement to legally establish parental rights. This is typically done through the courts where parents can request paternity tests to confirm biological links or request a legal parental recognition of the other parent. Unfortunately, due to the nature of co-parenting arrangements, it is not uncommon to encounter resistance in cooperation from the parents since they were never legally joined. Often, in the eyes of the court, only one parent has the biological ties and legal rights to the child.
Furthermore, in most states across the country, if a child is born without a formal legal order, the rights of the mother generally supersede the father - regardless of a DNA link. Meaning, the mother is considered the primary decision maker and custodian of the child until a paternity claim is established. The flipside of this is that a paternity order can also be established without a legal relationship between the mother and father but it is more complicated and requires more evidence from the father including DNA tests.
If the parents are unable to come to a co-parenting agreement on their own or there is a lack of cooperation between them, then the route of pursuing parental rights in the courts is a viable approach. The courts, as they do in married couples, will look to create a fair and equitable resolution when it comes to matters of parental rights. Generally, if the father can prove paternity then they will be entitled to the same rights as the mother.
Typically, the courts will look to divide custody between the mother and father on either a fixed or rotating basis based on the lifestyle and the preferences of the parents. The normal court proceedings for parental rights look to provide a form of balance between the parents in order to ensure the child's health, well-being and best interests are protected. Alongside this, child support obligations are also set by court orders.
When issues concerning parental rights arise in a married couple, the laws typically provide fair and equitable rights to each parent. On the other hand, when it comes to co-parents, the state laws, which vary from state to state, normally restrict the rights of a co-parent in comparison to a married parent who is the legal father of the child. To further illustrate, there are a handful of states where no parental rights may be assigned to a co-parent at all.
For example, in Pennsylvania, PA state law clearly indicates that only a legal parent can be held responsible for the support of a child. The law likewise reiterates that genetic paternity tests are not enough to establish paternity if the parents were not married when the child was born. Furthermore, the law explicitly states that co-parents must first enter into a voluntary agreement before any court will order support. This law is stated in the PA Code, Section 230.7 (R)(1)(a).
Similarly, in New Jersey, the law states that unmarried parties are prohibited from asserting parental rights without a court order in place. In other words, until a paternity order is issued, unmarried couples do not have any rights to challenge the decisions of the primary parent. This law is in the New Jersey Code, Title 9, Section 9:17-44.
It’s equally important to consider the laws of your own state before entering into a co-parenting agreement. Furthermore, if either of the parties desires to assert their parental rights then they must follow the specific law as set forth by their state in order to do so. Understanding the respective rights of the parents, prior to entering any co-parenting agreement, is an essential part of the process.
For co-parents there are additional legalities that must be understood and considered before a decision is made. Evaluating the applicable state law is an important step before entering into a formal agreement. That said, the decision of obtaining legal counsel to represent you and establishing a parental rights agreement is entirely up to you and your circumstances. Just know that there are steps to take and options available to protect the rights of both parties involved.
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Warning: This post is neither financial, health, legal, or personal advice nor a substitute for the advice offered by a professional. These are serious matters, and the help of a professional is recommended as it can impact your future.