Non-biological fathers are parents who are not biologically related to the child. Non biological fathers can get custody of a child even if they are not biologically related. This is because a legal adoption grants a non-biological parent full legal and physical custody of a kid.
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Non-biological fathers may seek parental rights from a family court if they have served as the child’s father since birth or have a strong emotional attachment to the child. If a non-biological father is granted full parental rights, he can make decisions about the child’s upbringing, custody, visitation, and even enter into legal contracts on the child’s behalf.
How Can Non Biological Fathers Get Custody and be the Legal Parent?
A non-biological father may gain legal rights over a child if he can prove he should be regarded as the child’s legal parent. If this is proven, the court may grant the non-biological father the same parental rights as a biological parent. This means that in the event of a custody or child support dispute, the non-biological father will be responsible for making payments and adhering to child visitation arrangements.
A non-biological father can also become a legal parent by adopting the child, signing the child’s birth certificate, taking the position of a father, and acting like the child’s father for a significant amount of time.
What Considerations Does the Court Make When Granting Parental Rights?
Before making a final ruling on parental rights issues, a court must first apply the best interests of the child criteria to the facts. The child’s best interest criterion essentially requires the court to make a decision based on what appears to be the best or most suitable for a specific child’s needs.
For non biological fathers to get custody, the court must consider several factors, including:
- The child’s or children’s age;
- The child’s desires (if the court deems that the child is mature enough);
- The child’s physical, cognitive, and psychological needs;
- Whether there are indications of child maltreatment or domestic abuse;
- Age, mental and physical health of parents;
- The child’s relationship with each parent; and/or
- How well the parents can take care of the child (e.g., school, financially, health care, or social activities).
While the above list encompasses many of the criteria that courts will consider in such cases, they may vary by state due to differing family law rules and procedures.
Seek the Assistance of a Michigan Lawyer for a Child Custody or Parental Rights Case
As a parent, you should be aware of your legal rights to raise and retain custody of your child. So, if you need assistance with child custody or parental rights, you should immediately call a local child custody lawyer.
The child custody attorney at Goldman and Associates can clarify your legal parental rights and defend them. Your attorney can also assist you in negotiating child custody or parental rights case criteria and processes, such as drafting court documents, filing legal papers, contacting opposing counsel, and reaching a fair resolution. Call us or arrange an appointment on our website at any time.