Unmarried Couples and Child Custody

Many unmarried couples in the United States have children together. When these couples decide to split, they may be confused over who gets custody of the children. Since the couple is not married, they may wonder if a court decides or if they must come to an agreement over custody.

Determining custody and other issues with long term unmarried couples may be a difficult task. If you and your long time partner are thinking about splitting and have children together, contact the San Jose child custody lawyers at the Law Office of Daniel Jensen, P.C. at 408-296-4100.

Determining Custody

In most cases, child custody is automatically awarded to the child’s mother when the two sides in an unmarried couple are unable to reach an agreement. This precedent has been in place for a number of years, though it is not always followed.

Many times, fathers are able to win custody of their children. This usually requires a court battle to determine who the primary caregiver has been to that point, as well as which parent will provide a better standard of living for the child.

The ensuing legal battle in a custody case will likely require both individuals to hire family lawyers.

Contact Us

Determining child custody for unmarried couples may be a complicated legal issue. If you and your partner are splitting from one another but have children, contact the San Jose child custody attorneys at the Law Office of Daniel Jensen, P.C. to learn more about your legal rights as a parent. Call 408-296-4100 today for more information.

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Daniel Jensen, Top Family Law Attorney


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Daniel Jensen represents people in and around the cities of San Jose, Milpitas, Palo Alto, Mountain View, Sunnyvale, Cupertino, Menlo Park, Los Altos, Los Gatos, Campbell, Oakland, Hayward, Pleasanton, Fremont, San Leandro, and Union City. We represent residents of the counties of Santa Clara and Alameda.
4675 Stevens Creek Blvd., Suite 250  |  Santa Clara, California 95051  |  Phone: (408) 296-4100

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