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