What Happens When Unmarried Couples With Children Split Up?

Introduction

When unmarried couples with children decide to end their relationship, it can be a difficult and emotional time for everyone involved. Unlike married couples, they are not protected by divorce laws, which can make the separation process challenging. In this article, we will discuss what happens when unmarried couples with children split up.

Child Custody

One of the most important issues that unmarried couples with children face is child custody. In most cases, both parents have equal rights to the child, regardless of whether they were married or not. However, if one parent can prove that the other is unfit or unable to care for the child, they may be granted full custody.

Mediation

Before going to court, it is usually recommended that unmarried couples try to resolve their child custody issues through mediation. A mediator can help them come to an agreement that is in the best interests of the child. If they are unable to come to an agreement, they may need to go to court.

Court

If the case goes to court, a judge will make a decision about child custody based on the best interests of the child. They will consider factors such as each parent’s relationship with the child, their ability to provide for the child, and the child’s preferences.

Child Support

In addition to child custody, unmarried couples with children must also deal with child support. The non-custodial parent is usually required to pay child support to the custodial parent to help cover the costs of raising the child.

Calculating Child Support

The amount of child support that the non-custodial parent is required to pay is typically calculated based on their income and the needs of the child. The court may also consider other factors, such as the number of children involved and the custodial parent’s income.

Enforcing Child Support

If the non-custodial parent fails to pay child support, the custodial parent can take legal action to enforce the order. This may include garnishing their wages or taking other legal action.

Property Division

Unmarried couples with children may also need to divide their property when they split up. Unlike married couples, they are not protected by community property laws, which can make property division more complex.

Joint Property

If the couple owns property together, such as a home or a car, they will need to come to an agreement about how to divide it. If they are unable to come to an agreement, the court may need to intervene.

Separate Property

Each partner will usually be entitled to keep their own separate property, such as assets they owned before the relationship began. However, if they have commingled their separate property with joint property, it may be more difficult to divide.

Conclusion

In conclusion, when unmarried couples with children split up, they face a number of legal issues that can be complex and emotional. Child custody, child support, and property division are all important issues that must be addressed. If you are going through a similar situation, it is important to seek the advice of an experienced family law attorney who can help guide you through the process.