Legal Question in Family Law in Maryland

Re: Legal Custody Unwed Mother

The natural father has equal rights to have custody, or visitation with his child as does the mother. If it is felt that the child would be in danger by being in the custody of the father, then you must file a petition with the Court so that a hearing can be had on that issue. Until the Court says the father cannot have custody or visitation, he as it.

Re: Legal Custody Unwed Mother

Until a court awards custody to one parent, both parents have equal rights to custody of the child, whether they are married or not, and both parents have equal obligations to support the child. The father may not want custody, and in fact some unwed fathers of children deny paternity to avoid child support. The mother, if she is worried that the father may take the child from her, should file an action for custody in the circuit court in her county. If the father opposes her action she should definitely have a lawyer to represent her, as contested custody cases can be very difficult. If possible, she should try to reach an out of court agreement with the father about custody and visitation. It's much easier for two parents to cooperate in the future about the child if they can settle things out of court. If they can't agree, however, she should be prepared to go to court and convince the judge that it is in the best interest of the child to be in her custody. If the father has drug or alcohol problems, she will have to have some evidence to convince the judge. Of course, along with custody she should ask the judge to order child support, which is based on the incomes of both parents.