Who is the custodial parent when there is no court order and the parents aren married?
• A: It depends on state law. In many states, an unmarried woman who gives birth to a child is the sole residential parent and legal custodian of the child until a court issues an order designating another person as the residential parent and legal custodian. In other states a “presumed father” may have rights to custody. A man becomes a “presumed father” by taking certain actions with respect to the child, including: • Signing an affidavit of paternity • Marrying or attempting to marry the mother • Taking the child into his home • Holding the child out as his child A man who thinks he is the father of a child born out of wedlock normally shouldn’t attempt to take custody of the child. If things go very badly, there is the potential for criminal charges.
