When is it necessary to have the Family Court establish the custodial rights and thefinancial support obligations of unmarried parents?

The court must safeguard the rights of a child. Safeguarding the rights of a child meansensuring that the kid gets the relevant financial support from both parents. When unmarriedparents fail to agree on critical issues relating to custody as well as critical issues such ashealthcare and education needs of the child, the family court must […]

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The court must safeguard the rights of a child. Safeguarding the rights of a child means
ensuring that the kid gets the relevant financial support from both parents. When unmarried
parents fail to agree on critical issues relating to custody as well as critical issues such as
healthcare and education needs of the child, the family court must then determine these issues
and ensure that both parents adhere to the pronouncements made by the court. While discussions
and a compromise between the two parents are the ideal solutions, in some instances, an
agreement is not possible (Justia Connect, 2021). There may exist various contentious issues
relating to parenting. Visitation and child support have caused problems in unmarried parents.
When such issues arise, they can only be settled in a court system. The case is filed and
determined in the relevant courts and determined in accordance with the law as well as in the
best interests of the child.

  1. What is the difference between legal guardianship and custody?
    Legal guardianship alludes to a situation where the court grants an individual who is not
    the biological parent’ the right to take care of a child. A legal guardian is appointed with a view
    of ensuring that the best interests of the child are taken care of. They are responsible for the
    child’s wellbeing and must make various important decisions on behalf of the child. A guardian
    can make important legal decisions on behalf of the child (Justia Connect, 2021). However, in
    guardianship, the child’s biological parents have legal parental rights as well as responsibilities.
    It occurs when the parents are absent or unfit. In case the parents die, the legal guardian may be

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granted custody. On the other hand, custody refers to a biological parent who has custody of a
child. Custody falls into two broad categories, namely physical and legal. Physical custody
relates to the child’s daily life and includes matters to do with medical care as well as other
living arrangements. On the other hand, legal custody means making decisions on the child’s
behalf.

  1. Differentiate between acknowledged fathers, presumed fathers, and biological fathers
    A presumed father is an individual who is assumed to be the father of a child until such a
    time that the status is either confirmed or rebutted through a legal proceeding. A person can be a
    presumed father on various grounds. One becomes a presumed father if they are married to the
    child’s mother and the child is born during their marriage (Children’s Bureau, n.d.). Further, if
    before the birth of the child, he and the mother attempted to marry, then he is assumed to be the
    presumed father. An acknowledged father is one who signs the acknowledgment of paternity.
    Signing paternity means that he establishes a father-child relationship with the child. Different
    states have adopted different rules in relation to acknowledged fathers (Legal Information
    Institute, 2021). In Texas, an acknowledged father is one who has created a father-child
    relationship. However, this has to be in record and signed or authenticated by the mother. A
    biological father is one who sired the child.

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References

Children’s Bureau. (n.d.). The Rights of Unmarried Fathers. Child Welfare Information
Gateway. https://www.childwelfare.gov/pubpdfs/putative.pdf
Justia Connect. (2021, October 18). Child custody and support.
Justia. https://www.justia.com/family/child-custody-and-support/
Legal Information Institute. (2021). Acknowledged father. LII / Legal Information
Institute. https://www.law.cornell.edu/wex/acknowledged_father

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