Delivery Room Rights
Mothers have the right to decide who is or isn't in the delivery room. The baby's father's legal rights to the child do not extend to the delivery room. However, once the baby is born, he has as much right to it as you do. You cannot keep him from seeing his baby unless you have a court order and even then, you need a good reason to deny someone their rights.

Unmarried Mother's Primary Right To Custody
The unmarried mother is presumed to have the primary or natural right to custody of children born when she is not married.  Therefore, she has the legal right to custody, care, and control over the child and her rights are superior to those of the father or any other person.  These rights can be defeated if it can be shown that the mother is unfit or has abandoned the child.

What Custody Rights Does An Unmarried Father Have?
Unmarried fathers can take action to be awarded custody of a child.  A father's rights depend on his suitability to have custody.  An unwed father cannot win primary physical custody over a mother who is a good parent, but may be able to establish some custody or visitation rights.

Are There Other Factors A Court Will Consider In Awarding Custody or Visitation to Unmarried Parents?
The best interests of the child are the primary consideration in any custody dispute and will prevail over the rights of either parent. A court will also consider a number of other factors in determining custody, including who the primary caregiver of the child is, the moral character of the parents, the financial status of each parent, and if they are old enough, the child's preference.

TYPES OF CUSTODY
There are several types of child custody. Child custody is a legal term that is frequently used in the family courts to describe the rights and responsibilities of parents to their minor child when the parents divorce or separate and a child is involved. While there are different types of child custody, child custody generally involves two fundamental principles with respect to the family courts and child custody disputes, namely, where the child will live and decision making regarding the upbringing and raising of the child.

1. Physical custody will typically describe who the child will live with. The terms of physical custody may be agreed upon by the parents or ordered by the court and is often in the form of a parenting plan, child custody order, or both. There are several different types of physical custody. Whether the physical custody aspect of child custody is outlined in a parenting plan or in a court order the parents will typically be described as having primary physical custody, secondary physical custody, sole custody (or full physical custody), or joint physical custody (or shared physical custody).

2. Legal custody will typically describe the decision making regarding the upbringing and raising of the child. There are several different types of legal custody. Legal custody will generally take the form of joint legal custody (or shared legal custody), but in some cases sole legal custody (or full legal) custody may be awarded to one of the parents.

3. Temporary custody typically refers to an agreement or stipulation regarding child custody made between the parents or orderd by the court. Temporary child custody agreements or temporary child custody orders are common at the beginning of a divorce or separation. When parents reach agreements on child custody they can avoid the high court costs associated with attorney fees and protracted litigation. However, it is important to understand the implications of temporary custody agreements or temporary custody orders -- they can become permanent.

4. Joint child custody typically refers to an agreement or stipulation regarding child custody made between the parents or orderd by the court that allows the minor child to spend a significant amount of time or an equal amount of time (i.e. joint physical custody) with each parent.

When parents separate and a child is involved and they are unable to come to an agreement on where the child will live and decisions pertaining to the upbringing and raising of their child, the family court is often left with the difficult task of determining the best custodial arrangement of the children and parenting plan for the parents.

Parents who are informed about physical custody and legal custody may be able to come to an agreement without the overuse of the family courts, family law attorneys, long-drawn-out litigation and the costs frequently associated with each. For example, parents may be able to utilize Alternative Dispute Resolution such as Child Custody Mediation or Collaborative Law. The more parents can understand what is involved in child custody determinations including physical custody and legal custody the more informed they will be in making decisions regarding their children after a divorce.

It is important to distinguish between the different types of child custody such as physical custody and legal custody. You will want to learn how they are different both in terms of a definition and the level of child custody rights you will have with your child. To learn about the different types of child custody available to you and the legal implications each may have on your child custody rights as a mother, father, or grandparent, you would do well to consult an attorney in your area.

GET FREE LEGAL ADVICE

Custody laws differ state by state, so it is advisable that you find out exactly what your rights are in your state. Visit this following link for access to free legal advice online: http://family-law.freeadvice.com/child_custody/.

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