What Are the Custody Laws for Unwed Parents?

The laws for child custody are similar for both wed and unwed parents, minus a few legal glitches. In the event that the parents, whether living together or not, have issues with the visitation or custody of their child, they should contact family courts for their county of residence. The judge or magistrate will try to let both parents work things out. If there is still no resolution, laws will be implemented for both parents to abide by.

Establishing Paternity

It is very important that paternity be established in cases of unwed parents. If the father does not sign the birth certificate, for whatever reason, it will be a minor setback to overcome for that parent. Since no one has established custody, documentation such as a birth certificate will come in handy when trying to do so. Also, if the father has not signed the birth certificate, family court will establish a paternity test to be done, just to confirm paternity of the child. In cases with married parents, the father will be presumed the biological parent of the child.

Mother Presumed Custodial Parent

In most states, like Oklahoma and Michigan, it is presumed that the mother is the custodial parent of the child in cases where the parents are unwed. The mother will generally have the child in her custody the majority of the time and will act as the sole care provider for the child, which is why mothers in unwed child custody cases are considered the custodial parent. Fathers may fight this, but the mother would have to be proven unfit for this law to be reversed.

Father's Advantage

The law is on the side of the unwed father in cases where the mother is unable to care for the child. The court will award sole custody to the father if the child is in the care of anyone other than the mother. The mother of the child is the only person who may have an advantage over the father in court. Other relatives, foster parents or friends may not be given preference of custody over the child's biological father.

Joint Custody Option

With unwed parents, joint custody may be another option. If the parents both lived together and equally provided for the child, the courts will take this into consideration. It will have to be proven that both unwed parents shared the responsibility of the child equally. Family courts will not want to disrupt the child's life and will work to keep things as normal for the child as possible.

Vistation Option

For unwed parents, the law states that the father can be awarded visitation of the child, although the amount of time allowed will probably be less than the time awarded to a wed father.