4. My partner and I are living together, but we are not married. Is there anything we need to do to protect our rights now and in case we split up?
Unmarried couples are not treated the same as married couples in all situations. But there are some things you can do to avoid problems that might come up. For example, if there is a medical emergency, a hospital may let one person consent to treatment for the other only if the couple is married. An unmarried couple can solve this problem by having each partner sign a form called a power of attorney that says that the other can give consent for medical care. Most stationery stores have power of attorney forms.
There may also be a problem in deciding who gets the property when an unmarried couple separates. If you are living together, it is a good idea to have a written agreement about property you each had when you moved in together or that you buy afterward. If you are buying a house or land together, you should probably talk to a lawyer first.
5. My partner and I have a child together. If we split up, what are my rights concerning our child?
With unmarried couples, the answer depends on whether the father is legally recognized as the child's parent. If paternity has not been established, the mother has legal custody but she cannot get a child support order. The father has no enforceable custody or parenting time rights. See Questions 21 through 34 for information about paternity. If paternity has been established, unmarried parents usually have the same rights and responsibilities toward their child that married parents have -- custody, parenting time, and child support. For information about these issues, see Questions 61 through 130.
At the time you and your partner separate, you should get a court order that says who the child's father is, and that has custody, parenting time, and child support terms. If you and your partner agree about all of these, you can probably get the order without a hearing. If you do not agree, you will need to have a hearing and should have an attorney.