The mother. The father have to apply for visitation and custody in court.
Generally, if married he has custody rights equal to the mother unless she has brought a petition for sole custody in his absence. If he is not married his custody rights must be established by a court order.
The mother assumes automatic custody, unless she is unfit.
The mother is presumed to have custody unless there is a court order saying otherwise.
Sole Custody until ruled on otherwise. The Glass Ceiling for fathers.
Being married or unmarried is not much of a determining factor when it comes to custody nowadays. In order to have custody changed you would need to prove that either your household and parenting abilities are substantially better than the other parent, or that their situation is detrimental to the children. Having a spouse does not necessarily mean that you are better able to care for the children, especially if the other parent has had custody for a significant length of time without the children having any problems in a single parent household.
I have this same issue. My parents never got married. My dad's right was to see me, so he did not have legal custody of me. It varies with different families, but the father has legal custody to see you and it varies if he can have custody to have you.
If you were not married when the child arrived the legal custody lies with the mother. The father have to prove paternity in court before he can get his parental rights.
If the father signed the birth certificate, then the mother will have to go to family court to obtain sole custody of the child, whether or not the case will be contested.
No she cant be the mother or have custody for a child she dont even own
see your other question
Even if the father's name is on the birth certificate, and is living with the mother, except in Arizona.