Custody and the unmarried father...

Question: If a couple signed papers indicating joint custody of child/at birth of child/couple is not married. What rights does the Father have if the couple decides to no longer co habitate? Can an unmarried father have custody of the child?

Answer: Yes, an unmarried father can get custody of a child (although, it is unfortunately frequently harder than it should be due to an unwritten, and illegal, bias in favor of the mother). You would bring an action for determination of paternity (assuming that the papers you signed at birth don't conclusively establish paternity under your state's law), and at the same time you bring an action for custody. The court will make the determination as to the custody of the child, including a schedule for both parents. Also child support would be determined at the same time.

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