When unmarried parents separate, how does the break up affect parenting rights and responsibilities?
If both partners are legal parents of the child — either because they are biological parents, because they have jointly adopted a child or because a non-biological parent has obtained a legally valid second-parent adoption — both parents usually have an equal right to custody of the child. This means that neither parent has the right to deprive the other of physical custody or visitation unless, or until, a judge makes such an order. If a court does grant one parent physical custody, the other parent is usually entitled to visitation and is next in line to exercise physical custody rights if the custodial parent becomes unable to care for the child. Of course, the right to be considered a full legal parent of a child can be lost if a parent fails to exercise his or her parental responsibilities. For example, all legal parents have a duty to support their children, whether or not they have physical custody of them. The key is that if you are not the parent with custody, you must stay
