An unmarried father has no legal rights to custody or visitation of the child. Rights to spend time with the child. Once paternity is established, the father’s name will be placed on the child’s birth certificate and the father will gain certain rights to the child.

The Law Is Clear: An unmarried woman who gives birth to a child has custody of the child automatically. Virginia child custody laws allow for joint custody and grandparent visitation rights, while the court process gives significant weight to the child's own wishes before determining custody. Child support and child visitation are legally two separate matters and both parents have the right to meaningful relationships with their children. If you are an unmarried parent of a child and wish to establish your rights to custody, visitation, or support, you need an experienced Virginia family law attorney to zealously advocate for your rights and the rights of your child. In Texas, if a child’s parents are unmarried, the mother has automatic custody rights over the child, both physical and legal.

If the parents do not agree on how the child’s time will be divided between each parent, a judge will make the decision. This rule applies when the mother and father were never married to each other, the mother was not married to anyone else at the time of the child’s birth and no existing custody or visitation order with the child … Child custody laws are very similar from state to state, mainly due to adoption of the Uniform Child Custody Act, which helps enforcement efforts across state lines. Custody could be divided up between the parents (joint custody) or given only to one parent (sole custody). However, when parents are unmarried, a father has no legal rights unless he establishes paternity. Who has legal custody of a child when the parents are not married? Once a petition is filed with the court and prior to being awarded custody, both parents must prove to the court that they are in fact the parents of the child. There are exceptions to this when it is not the best interest of the child. Who has custody of a child when the parents are not married and there is not a custodial order from the court? The Court will based it's decisions on custody and visitation using the standard of what is in the best interest of the child and who has been the primary caregiver for the child.
If the parents are on amicable terms they may agree to custody terms in a parenting agreement between themselves, or via a mediator. A parent may not refuse to allow or cut back the other parent’s visitation with the children simply because the other parent has not paid his/her child support. A man who is legally designated as the father has the same custody rights as a married father. Only a legal parent can ask the court for custody or visitation.

If the parents are on amicable terms they may agree to custody terms in a parenting agreement between themselves, or via a mediator. The Department of Social Services may establish the parent and child relationship between a child and a man upon request, verified by oath or affirmation, filed by a child, a parent, a person claiming parentage, a person standing in loco parentis to the child or having legal custody of the child, or a representative of the Department or the Department of Juvenile Justice.