When adults decide to separate, it is not only hard on them, but the children of the union are also deeply affected. The children may feel as if they did something wrong to cause one of the parents to leave the family. It is important to let children know that parent’s separation has nothing to do with their behavior or anything they did or did not do.
For adults, the first thing they should do when talking about a separation is to seek legal counsel. Locate and use a reliable child support calculator for instant estimates on how much your obligation will be.
Unmarried Parents Legal Obligations
When one parent leaves the relationship, they are obligated by law to pay support to the custodial parent. This monetary support will continue until the minor child or children reach the age of 18 years old.
There is no accounting for how long the parents were together before their separation. So those couples who believe they are “common-law” partners, will face the same legal rules as parents who were not living together for a long period of time. This is mainly because each state has a different law on how long a couple is together that determines their common-law status.
The Issue of Paternity
This issue can vary from state to state and around the world. Even if the father is named on the birth certificate, some courts will still require a paternity test to determine the father’s rights. This was not an issue until roughly 10 years ago. Today, it is best for the father to voluntarily submit to a DNA test.
Visitation
One of the most common struggles between parents who are separating, even if they were married, is the issue of visitation. When the parents are unmarried, they face more complicated legal issues. No longer is the mother the main caregiver to minor children as it was years before. Roles are often reversed and the fathers are staying home with the minor children almost as often as the mothers were.
Fathers have more rights to become the main caregiver to minor children, regardless of their professional status. For example, a single father can be working a full-time job, and still be awarded custody of minor children. Today, mothers are often also the ones that work full-time.
Monetary Matters
Another of the major issues facing separating parents is the fact that someone needs to support minor children. Similar to visitation, it is no longer a given that the father will be the one to pay child support. The payments go to the custodial parent, which is the parent the child or children are living with. The parent that has visitation is the one who makes the payments. However, this is also based on which parent can afford child support.
It is important to seek legal representation when considering a separation when children are involved. Each parent will need written agreements to uphold matters such as visitation, child support, and who will make major decisions for the minor children.
