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First, he must have a good reason to convince the court that the child would be better off in his custody. He would need to convince the court that the mother is unfit and the mother's custody is not in the best interest of the child. The health, safety, and welfare of children is always the court's primary concern in determining the best interest of children when making any orders regarding the physical or legal custody or visitation of children

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 must seek other means of establishing his paternity and that is done through paternity test. A paternity test can be arranged through the court and once established the father can petition for custody. The court will schedule a hearing and the father must present his evidence and argument. The court will review the testimony and evidence to determine if a change in custody is warranted and render a decision. At the same time the court will address child support and if the father is not awarded custody he can request a visitation schedule.

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13y ago

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