Who Gets Custody When Only One Parent's Name is on the Birth Certificate?

Question: Who Gets Custody When Only One Parent's Name is on the Birth Certificate?

Answer:

It depends on where you live. In some states, like Oklahoma, it is presumed that the mother has sole custody in cases where the parents were unmarried at the time of the child's birth and no father is listed on the birth certificate.

However, in other states, like Michigan, it is presumed that an unwed mother has initial custody regardless of whether both parents are listed on the birth certificate or have signed a formal acknowledgment of parentage.

You should be aware, though, that many states either make no presumption of custody based on the birth certificate, or presume joint custody even in cases where the parents were never married.

Therefore, you should take the time to familiarize yourself with the domestic relations statutes in the state where you live. It is possible that you will need to formally file for custody, even though your child is already living with you.

In particular, pay attention to:

• Statutes regarding children born out of wedlock or children whose parents were never married


• The establishment of paternity


• The establishment of child support


• The establishment of visitation and custody


• Guidelines for establishing a parenting plan

To access the statutes in your state, read Child Custody Laws in the United States.