What are the rules for full custody of children?

Answer 1

Understanding your use of constitute to mean what createsthe right to have full custody of a child:

• Two people who are legally married are considered by law the parents of a child born or adopted within the marriage.
• An unmarried mother has full custody of her child until the father has established his paternity legally and obtained custody via a court order.
• Legal adoption creates the right to have full custody of a child.
• In other cases not involving parents, custody is obtained via a court order. Guardianship is an example.

Answer 2

Generally, the "rules" vary by state and are decided on a case by case basis.

Generally, if the parents are unmarried the mother has sole custody and control in most states 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 must establish his paternity by signing the birth certificate at the time of birth (waiving DNA testing rights) which must be done with mother's consent. If he doesn't sign the birth certificate then he must seek another way to establish his paternity and that is done through a DNA test. A paternity test can be arranged through the court and once established the father can request visitations, custody and set up a schedule of regular child support payments for the child.