Child Support
Birth Certificates

Does the birth mother have sole custody of the child if she and the father were not married?

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Wiki User
2012-05-10 15:43:41

In all 50 US states the law presumes that an unmarried birth

mother retains sole custodial rights to a child until the court

rules otherwise. This applies to minors as well as to adults.

Generally, if the parents are unmarried the mother has sole

custody and control until the father can establish his paternity.

Remember, a child's mother can always be identified by medical

records. Since the father didn't give birth and he was not legally

married at the time of the birth he can establish his paternity

through a DNA test. A paternity test can be arranged through the

court. Once paternity is established in court, the father can

request visitations or custody through the court. If the mother

retains physical custody she can request that the court issue a

child support order. If the father gets physical custody he can

request a child support order.

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