Child Custody

questions & answers

Question: Who has sole custody of the children before custody is decided by the courts if the couple was never married?

Answer: It depends on whether the father is legally established as the father.  If his name is listed as the father on the birth certificate, or if he has been established as the father through a paternity action, then both parents have equal custody rights until the court decides otherwise.  If his name is not on the birth certificate and there has been no paternity action, then there is no legally established father.  In that case, the mother has sole custody.

QUESTIONS

  • Who has sole custody of the children before custody is decided by the courts if the couple was never married?

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