Custody of a Child of Unmarried Parents

From the time that a child of unmarried parents is born until a child custody order is issued by the family court, the mother has custody. As mentioned in a previous post, a Recognition of Parentage signed by both parents provides a basis for an unmarried father to obtain parenting time or custody of a minor child. However, a father who has signed a Recognition of Parentage form must obtain a court order (at a family court hearing, or by stipulation with the mother) for his parenting time or custody to be binding on the mother, and enforceable by the family court and other authorities, such as police officers.

The distinction that the mother has custody is moot if the mother and father are together. The legal conflict is most likely to arise when the couple separates. Obviously, before the couple separates, there is not the clear need for a court order designating custody and parenting time. Upon separation, the parent who does not have the child in his or her care, and who does not have the agreement and cooperation of the other parent, will need a court order to give him or her the right to access to the child.