How Do You Get Parental Rights Over a Child?

Parental rights impact key decisions in a child’s life, from health care to education, and can significantly influence child custody and visitation arrangements. From education to health care, these rights empower you to influence major aspects of their well-being. If you’re facing a custody dispute or looking to establish your legal role in your child’s life, it’s important to understand what parental rights really mean and how they relate to your responsibilities. Learn the various types of custody and the steps you can take to protect your parental rights.

Types of Parental Rights and Custody Arrangements

Legal custody is the parent’s right to make influential and important decisions about the child’s upbringing. Decisions covered under legal custody include health care, education, religion, and legal matters. Physical custody is the legal responsibility of where the child lives on a daily basis. While these two types of custody give the parents authority and responsibility, they are slightly different. One focuses on legal decision-making, and the other focuses on daily care decision-making. 

When determining legal and physical custody, the court will determine if it should be a sole or joint responsibility. When sole custody is awarded, one parent has the custody. The custodial parent will have exclusive rights to make decisions about the child’s welfare. The non-custodial parent may still have visitation rights. However, they may be required to pay child support, depending on the custody arrangement and income levels of the parents. When joint custody is awarded, both parents share the custody. In joint legal custody, both parents make decisions together. In joint physical custody, the child will spend physical time at both parent’s homes.

Keith M. Nelson, a family law attorney at Orsinger, Nelson, Downing and Anderson in Dallas, Texas, explains why parental rights and custody arrangements can become complicated. “It’s not doable, most of the time, because of the geography. Because the parents don’t necessarily live in close proximity to each other, 50/50 doesn’t work. There are a lot of things that just make it impractical. So, usually, one of the two parents is going to have primary physical custody, and the other parent can have visitation rights.”

Be Aware of Variations in State Laws

Some states have unique custody laws that are different from the standard. Alabama sometimes gives children born to unmarried parents different legal rights. The state has taken steps to give the father greater involvement. California emphasizes frequent and continuing contact for both parents. This allows for a parenting plan to be implemented even if they do not share joint custody. Texas may give the child’s grandparents parental rights if one of the parents is deceased or ruled to be unfit.

Unique situations can require special considerations. A biological father may not automatically have custody or visitation rights unless paternity is legally established. In cases where a biological father is not involved or has not established paternity, the mother typically has sole legal and physical custody.

A father who has not been married to the child’s mother must take legal steps to establish his parental rights. In many states, an unmarried father must establish paternity to gain legal rights, such as custody or visitation. Some states have unique laws concerning the rights of unmarried biological fathers, and in some cases, biological fathers can assert custody rights over a child if the mother is unmarried. States may have different rules regarding “presumed” paternity, where the law assumes the man is the father due to the marital status of the mother or the time frame in which conception occurred.

Establishing Parental Rights

A court order is required to formalize legal rights and custody agreements. The order typically outlines the specific terms of custody, including visitation schedules and decision-making authority. Without a court order, parental rights may be unclear, leaving the possibility of future disputes. A court order can prevent one parent from relocating with the child or making significant decisions without the other parent’s consent. It also allows each parent to enforce visitation and child support arrangements.

Speaking with a family law attorney can guide the process. They can represent the parents during hearings in family court, assist with filing legal documents, negotiate custody arrangements, and advocate on behalf of the client during court proceedings. Legal counsel ensures that the custody agreement is in the best interest of the child, which is the primary focus of family courts. Typically, each parent will hire their own attorney. Each lawyer will help their client prepare for custody hearings by gathering evidence and preparing arguments.

Birth Certificate and Legal Father

When parents are married, they are presumed to be the biological parents of a child. When the parents are not married, the father listed on the child’s birth certificate is presumed to be the legal father, which grants him certain parental rights. However, this does not automatically grant the father custody or visitation rights. The father must obtain these through a court order. If the father is not listed on the birth certificate, he may need to establish paternity through DNA testing or legal acknowledgment. Establishing paternity gives the father legal standing to request custody, visitation, and other parental rights. In some cases, paternity can be contested, which may require court intervention to resolve.

Parent and Child Relationships

The strength of the parent-child relationship plays a significant role in custody determinations. Courts often favor maintaining existing relationships and continuity of care for the child. The quality of co-parenting and the parent’s ability to work together is also considered. Courts will assess whether both parents can effectively communicate and collaborate in decision-making. Parenting time (or visitation) arrangements are influenced by the parent-child bond and the time spent together. A consistent and nurturing relationship with both parents is seen as critical for the child’s development.

Courts assess how much time the child spends with each parent and how each parent supports the child’s needs. Courts look at whether parents are willing to facilitate the child’s relationship with the other parent and whether the child is being raised in an environment conducive to emotional well-being. Good co-parenting can lead to joint custody arrangements, while high-conflict situations may result in one parent receiving primary physical custody.

Nelson points out that even if one parent has sole legal custody, the court still expects them to keep the other parent included and informed. “Even though we’ve given one parent the ultimate right to make the decision on one of these big-ticket rights, we require them to consult with the other parent first.”

Challenges and Special Cases in Establishing Parental Rights

In limited circumstances, a biological parent may voluntarily relinquish their parental rights. It can only be done if the parents believe it is in the child’s best interest. Typically, this is because the parent cannot provide adequate care, stability, and safety for the child. Courts hesitate to allow parents to relinquish their parental rights, as it is assumed that having both parents involved in the child’s life is in the best interest. Common reasons for voluntary relinquishment of parental rights include severe financial instability, personal health issues, or an inability to maintain a healthy relationship with the child. In some situations, the court will order the termination of parental rights. The biological parent will have their rights involuntarily taken away. This typically happens in cases of abuse, neglect, substance abuse, or domestic violence.

Stepparent Adoption

When a biological parent marries a new partner, the stepparent may wish to adopt the child. For the stepparent to adopt, the other biological parent must terminate parental rights, or the court may order the termination of parental rights. To complete the process, a court hearing must take place. The stepparent must meet the eligibility requirements, and the court must agree that the adoption is in the best interest of the child. Once the adoption is completed, the stepparent will have full legal rights and responsibilities. The biological parent who relinquishes their rights may lose the ability to make care and welfare decisions for the child. This could also include visitation rights.

Practical Steps To Take

During a joint custody case, the biological parents must agree to a parenting plan. A parenting plan is essential in joint custody cases, as it establishes clear guidelines for how parents will share custody and make decisions for their children. The plan should address key issues, such as the child’s living arrangements, visitation schedules, holidays, decision-making for education and healthcare, and how to resolve conflicts.

A well-structured plan helps prevent future disputes, providing both parents with a clear understanding of their responsibilities and expectations. Courts generally prefer a detailed parenting plan as it demonstrates the parents’ willingness to cooperate and put the child’s best interests first.

Effective communication between co-parents is vital for ensuring the success of the parenting plan. Setting up regular check-ins or using co-parenting apps can help manage schedules, decisions, and updates about the child. Flexibility and compromise are often key in co-parenting arrangements to maintain stability for the child.

Parents should consult with a family law attorney early in the process. This becomes even more important if the parents have complex issues or a contentious relationship. If you anticipate issues with your co-parent or require mediation services, an attorney can advise on the best approach to protect your rights and the child’s well-being.

Gathering Evidence

Accurate and detailed documentation is essential for supporting your case in family court. A thorough record of events related to the child’s health, education, and welfare can help clarify custody disputes. Examples of important documents include health care records, school reports, communication with the co-parent, receipts for child-related expenses, and evidence of any incidents affecting the child’s well-being.

Courts rely on evidence to determine what is in the best interest of the child, so thorough documentation of your child’s daily life, care routines, and co-parenting interactions is crucial. Well-maintained records may also help resolve disagreements between parents or support claims of neglect, abuse, or parental involvement.

Find Legal Help

Securing parental rights allows you to protect your relationship with your child and ensure you can make essential decisions in their life. Navigating this process effectively requires the guidance of an experienced family law attorney who can help ensure your rights and your child’s best interests are protected.

Visit the Super Lawyers directory to begin your search for an experienced family law attorney. For more information, read our guides on family law for additional information.