Does the mother or father get custody rights if they are unmarried?

Parents of children have the same responsibilities to provide and care for their children as married parents do, and child custody can be awarded to either parent, depending on their qualifications. While it is true that state laws and courts no longer require that the mother have first priority in child custody decisions, courts do often weigh more heavily in favor of mothers.

That said, if the male partner can prove paternity, they have the right to seek partial or full custody or visitation, just as the mother does. If the parents can reach their own agreement on these issues, they should file them with the court so no one can change their mind in the future.

If the couple cannot reach their own agreement, they may seek a determination by the court. Some of the elements they consider vary by state, but they generally include:

• The best interests of the child
• Evidence that the parents encourage loving relationships between the child and the other parent
• Any evidence of abuse by either parent
• The proximity of the parents to each other
• The ability of each parent to provide a stable and suitable home

It can be vital for an unmarried parent to find legal help if they must fight for child custody. A child custody attorney who knows the local laws and courts and can make all the difference.