Child Custody Between Unmarried Parents Lawyers Lawyers

Child Custody Between Unmarried Parents Lawyers

Legal Topics > Family > Children > Child Custody and Visitation

Unmarried Mother's Primary Right To Custody

The unmarried mother is presumed to have the primary or natural right to custody of children born when she is not married. Therefore, she has the legal right to custody, care, and control over the child and her rights are superior to those of the father or any other person. These rights can be defeated if it can be shown that the mother is unfit or has abandoned the child.

What Custody Rights Does An Unmarried Father Have?

Unmarried fathers can take action to be awarded custody of a child. A father's rights depend on his suitability to have custody. An unwed father cannot win primary physical custody over a mother who is a good parent, but may be able to establish some custody or visitation rights.

Are There Other Factors A Court Will Consider in Awarding Custody or Visitation to Unmarried Parents?

The best interests of the child are the primary consideration in any custody dispute and will prevail over the rights of either parent. A court will also consider a number of other factors in determining custody, including who the primary caregiver of the child is, the moral character of the parents, the financial status of each parent, and if they are old enough, the child's preference.