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Hi everyone, welcome to another Family Law Matters. I’m Dr. Michael Mantell, privileged as always to be joining Bonnie Rabinovitch Mantel, the owner and managing partner of the Primus Family Law Group. Hi Bonnie.
Hi Michael. Now you know every so often we got to do this. Yes, do it right now, please.
Let’s get it out of the way. Just to remind you all, we are not related in any way, shape or form. I know our names sound alike, but his has an extra L because, you know, he’s got issues and he needs an extra L. We’re not related.
We’re just really good friends. I thought you were going to say your last name is Rabinovitch and my last name is Mantel. In any case, Bonnie, could you imagine another topic to pick on Family Law Matters? So today I thought we’d talk about what rights do unmarried parents have when it comes to children.
Two people get together, life happens, a child is born. Two adults are not married. What right does one parent have over that child? How do they share it? Obviously this is quite a legal brouhaha that can take place.
It is and it’s interesting to me to think that even in 2024, the only one the court is going to be certain who’s the parent is the mother. Because, right, there’s that biological passage that happens. So what people have to do, what is often done is you file a petition to assert your parental relationship.
Now, that used to be called, you know, paternity because it was always, like I said, the father who had to prove this is my child. But the reason it’s changed to parental relationship is because there are same-sex couples that face this same issue. And the court, the legislature has determined that if you’re unmarried and you have children, you have the same rights as if you’re married.
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The only difference is there’s no presumption. When you’re married and you have a child, there’s a presumption the child is of that marriage, not, you know, an extraneous affair or something. It’s presumed to be both parties child.
Whereas if you’re not married, you don’t have that presumption. So you just have to do extra forms to have your judgment established, have your parental relationship established. But as unmarried people, you have the same rights to that child.
So you have the right to support from the person who makes more income. You don’t have obviously a right to spousal support because you’re not a spouse. You have the right to frequent and continuing contact that’s in the best interest of the children, just like married couples.
The only difference is those extra forms to determine the relationship. What about financial responsibilities and obligations? Those, somebody files a motion for child support, it follows the same rules. It’s both your gross income and some allowable issues go into the calculator and it spits out what child support is supposed to be paid by whom, depending who makes more money in the child share.
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Is there a particular common area of friction with unmarried couples when there’s a child? Is there a particular battleground that people seem to have over and over again? It is. It’s the idea that one parent can withhold the child because they’re the parent in charge of the child. So a lot of unmarried people, they have a difference of opinion as to the equality of rights.
It’s, you know, mother won’t let me see the children or father won’t let me see the children. And that’s just unrealistic. It’s not according to the law, but it’s a fallacy because everybody seems to get the idea that somebody has to prove their parental relationship.
And by the flip side, they think that means that they have all the control until that’s done. Let me ask you another question about a real case that I’ve worked with. Child was born to the mother through the passage, as you say, and the father claims that the mother was basically a low life.
They met in a bar, something, whatever it was. And she would never was a good mother. She wasn’t taking care of the infant.
And he wanted full custody of that child. Is that he’s not married. They’re not married.
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Is that something he can gain through court? Absolutely. So the court looks at the best interests of the child and he has evidence, not just right. Evidence that mother is neglectful.
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Maybe CPS, CWS, child welfare services is involved. Perhaps there’s a police involved. If mother is not, is neglectful, they will give the children to the fit parent.
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Yeah. If people have questions about this and say, listen, I’m just, you know, facing this issue, she’s pregnant and we’re not married. I’m concerned.
How can they be in touch to get some of this worked out with you? They can reach me directly at 619-574-8000. And you will be put on my calendar for a free 30 minute phone consultation. So we can discuss this and see how we can help.
Or you can reach us online at www.primusfamilylaw.com. Fill out the form that’s there and we will reach out to you and set you up on my calendar.
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