Legal Question in Family Law in Arkansas
Child Custody and Visitation
Do I have legal custody of my daughter since her father and I were never married, or do I need to go before a judge to obtain custody? What are my rights as a single mother who has never been married to this man?
If I put him on child support, does that automatically guarantee him visitation without restrictions?
3 Answers from Attorneys
Unmarried mother, child support, etc.
I can only speak for my state (NC), but in my state you would probably have joint custody with the father, although few fathers seem to take advantage of such joint custody. You don't have to tell him this, though. Let him hire his own lawyer.
In my state, child support and visitation have no legal connection, although many parents withhold visitation unless child support is paid. Your child most likely is entitled to child support. And you could make him sue you for visitation rights, I guess. In NC people get jailed on a regular basis for not paying child support. And the judge doesn't care whether they are getting to visit or not; that's a separate question for a separate legal action.
By the way, all children need a father, even if he's not perfect. Of course, that may not be possible if the man is abusive, etc., etc. But keep this need in mind in whatever you do. One of these days this child will want to know "where's my daddy?" And you need to be prepared to give a loving, true answer.
Child Custody and Visitation
I'm licensed in TN and not Ark so you need to check with a local practitioner, but in Tennessee and in most other states, an unmarried mother automatically has custody of the child at birth, but the unmarried father only gets to assert his visitation rights or pursue custody after paternity is established.I would be in shock if you needed to get a court order in Arkansas for custody of your own child.But you WILL need a court order if you want to be able to force him to pay child support. Generally speaking you should be able to get that help for free by contacting what is going to be called the IV-D (or Four-D) or child support enforcement unit of your prosecuting attorney's office.Again, while I am not licensed in Arkansas and you need to speak to an Arkansas attorney to make sure, while courts often will address visitation at the same time as support if the father requests it, this is not automatic.
Custody of children without court order
All parents (married or unmarried) have custody of their children unless a court ordersotherwise. As a single mother, you have the same rights as a married mother. If youget court ordered child support, this does not automatically guarantee visitation.However, most men seek visitation once the court proceedings commence.