Legal Question in Family Law in New York
unwed mother custody status
I am unwed and living with child's father.
Is it true that as an unwed Mother I have legal custody?
Can the Father be awarded joint legal custody while we are still living together?
2 Answers from Attorneys
Re: unwed mother custody status
Your being unwed or not together has little to do with custody. If you are together, you both have custody. If you split up, and both want physical custody, you will have to go to court to determine which of you would be a better custodian of the child. Of course it is best if both parents provide love and support to a child but if that is not possible, the court will assign a guardian to help it make a decision. It might be a good idea to sit down with your lover and decide now how things will go in event of a split. Even though it might seem weird it can save a lot of trouble later. A lawyer can help with the issue. You should also address what will happen to the child in the event both of you should die. A good family lawyer will help you deal with all these questions and more, for the good of your child and your relationship. If you would like to meet with one of the attorney's in my firm hit the links below.
Re: unwed mother custody status
No you do not have legal custody, neither does he. You have to petition the court for legal custody and/or joint custody. Custody will not be determined while the two of you still live together.