What rights do unmarried fathers have with regard to child custody?

In West Virginia, unmarried fathers have limited rights when it comes to child custody. Under the state’s Uniform Parentage Act, an unmarried father must formally establish paternity before he can petition for custody or visitation rights. Until paternity is established, the mother has full legal and physical custody of the child. If paternity is established, an unmarried father can pursue custody. The court will take into account the best interests of the child, which include the fitness of the parents, the wishes of the child (if the child is of an appropriate age and maturity level), and other factors. When making a decision on custody, the court will consider factors such as the father’s ability to provide stability and resources, his attitude towards the child’s mother, and his willingness to promote a relationship between the child and the mother. In some cases, an unmarried father who has established paternity may be awarded shared custody. Shared custody means that he would be able to make decisions about the child’s welfare, education, and other matters. He may also have the right to visit the child and participate in day-to-day activities such as school, extracurricular events, and medical decisions. In conclusion, unmarried fathers in West Virginia have limited rights with regard to child custody. To exercise those rights, he must first establish paternity. Once paternity is established, the court will consider a variety of factors when making a decision, with the best interests of the child being paramount. In some cases, an unmarried father may even be awarded shared custody.

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