{"id":351629,"date":"2016-04-04T11:02:26","date_gmt":"2016-04-04T16:02:26","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/family\/child-custody\/custody-and-visitation-in-non-divorce-cases.html"},"modified":"2023-05-30T08:12:10","modified_gmt":"2023-05-30T13:12:10","slug":"custody-and-visitation-in-non-divorce-cases","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/family\/child-custody\/custody-and-visitation-in-non-divorce-cases.html","title":{"rendered":"Custody and Visitation Without Divorce"},"content":{"rendered":"\n
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Custody and Visitation Without Divorce<\/h1>\n
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\n By Jade Yeban, Esq.<\/a> | Legally reviewed by Aviana Cooper, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Child custody disputes and visitation issues are not limited to divorces. These issues can arise between unmarried parents or even grandparent who want visitation rights. <\/p>\n\n <\/div>\n\n

In rare cases, family members or others with a close relationship with the minor child can join the custody battle.<\/p>\r\n

The following is a discussion of the laws and procedures about child custody and visitation<\/a> without divorce.<\/p>\r\n

Custody Without Divorce<\/h2>\r\n

Most states will give legal custody to the mother of the child unless and until legal paternity is established<\/a>. Once the father is established, most states will presume legal joint legal custody of the child in the best interests of the child. All custody arrangements and parenting-time decisions are based on the best interests of the child<\/a>.<\/p>\r\n

For unmarried parents in a custody dispute, custody decisions are made similarly to divorcing couples. Child custody and visitation<\/a> will be resolved through an agreement between the child’s parents, or a judge will decide. These parents will not need to resolve any complicated or contentious divorce-related issues.<\/p>\r\n

So, the decision-making process is focused almost entirely on child custody. For this reason, deciding custody and visitation may be more simplified for unmarried parents. If unmarried parents don’t reach a child custody and visitation agreement out of court, the matter will go before a family court<\/a> judge.<\/p>\r\n

The judge will make a court order on the custody of the child. The custody order is legally binding and ensures the custody rights of each parent. This order contains a parenting plan or visitation schedule that each parent must follow. If there is a change of circumstances, the parents will need to seek court approval for modifying the custody arrangement.<\/p>\r\n

Making the Custody Arrangement<\/h2>\r\n

The family court will make a determination about the custody arrangement. There are several different types of custody that may be ordered by the court. Most courts want to give joint custody to the parents, where they share joint legal custody and joint physical custody of the child. This means that the parents collaborate on major decisions about the child’s life. They also share parenting time with the child (usually equally). The child lives with both parents.<\/p>\r\n

If one parent is "unfit<\/a>" to parent, this parent may lose some of their parental rights. The custody arrangement may be tailored to favor the other parent. This might mean the parent may get sole legal custody of the child, meaning they make all major decisions about the child’s life alone. This includes decisions about health care, education, medical care, and religion. The other parent (the "non-custodial parent") may be ordered to pay child support.<\/p>\r\n

The court will make the decision in the best interests of the child. The court will consider several factors to make this determination. Some factors include:<\/p>\r\n