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Unmarried Fathers and Child Custody For unmarried parents, all rights belong to the mother. Unmarried fathers have no legal rights to custody or visitation. Fighting for the right to see your child is possible with the help of a Louisiana lawyer. At the core of custody issues is the matter of paternity.
The Court will consider the "capacity and disposition of each party to provide the child with food, clothing, medical care, and other material needs." Capacity is not limited to whether the parent can afford to buy these things. A parent may have the ability to purchase them, but not the disposition to do so.
In the State of California, when people are legal parents of a child, whether biologically, or by joint adoption, and they split up, their child-related matters will normally be handled in the same way as if they were a divorcing married couple. In other words, the same rules apply to them as apply to a married couple.
A written petition has to be filed in the court that does juvenile cases where the parents or you live. At least one of the parents has to sign the petition. You will sign an affidavit attached to the petition saying you are willing to take custody of the child.
Either unmarried parent is entitled to the exemption so long as they support the child. Typically, the best way to decide which parent should claim the child is to determine which parent has the higher income. The parent with the higher income will receive a bigger tax break.