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Who has primary custody if the couple is unmarried?

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2006-12-31 21:06:16
2006-12-31 21:06:16

In all US states the law presumes that, the mother of a child born as a result of a relationship outside of marriage retains sole custodial rights unless a court rules otherwise. If the father did not sign the birth certificate or a declaration of parentage, a paternity test would be necessary before the court would consider custody, visitation, support or any other issues regarding the minor child.

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The custody rights of a child when involving an unmarried couple are variable. Consideration will be given to individual circumstances, however, it would be very likely that the child goes with the mother.

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In Wisconsin, the legal custody of a child born to an unmarried couple is officially with the mother. However, it is possible to arrange a second-parent adoption so that both parents are legal guardians of the child.

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An unmarried mother has custody of her child until the father has established his paternity in court and requested joint custody.

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Technically the mother has the first rights, but there isn't really custody until it is taken to court. To aviod any future misunderstandings I would file full custody of the child.

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If he has primary custody or even visitation rights, you cannot take his child far enough away that he cannot readily exercise his custody/visitation rights unless he gives you permission to do so.


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