How is custody and child support decided when dealing with children of unmarried parents?
Custody and child support are not determined any differently between unmarried parents than it is between married/divorcing parents. Custody (decision-making for the children and the time the children spend with each parent) is determined by the children’s best interest, i.e., which parent can provide a loving, nurturing, and supportive life for the children, providing appropriate medical and dental care, educational support, and support for the children’s extracurricular life (e.g., sports, music, dance, theater, etc.). That usually is based on history, i.e., who in the past functioned in the more active and supportive parental role and upon the work schedules and commitments of the parents and the schedules of the children. There are differences in how the factors for determining custody apply to children of different ages. Custody is not based on who earns more money, but can be based in part on who is more available to care for the children when they are not in school. Most states
