What are the custodial rights of parents who have not been married to eachother?

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Family Law

Where the parties are not married, the mother is considered the custodial parent of the child until the father seeks to establish paternity in a court of law. A father does not have “rights” to custody and/ or visitation of his child until he has a court order that establishes him as the father. Being named on a birth certificate or having DNA testing is not enough to establish paternity.


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