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Who Has Custody of a Child When the Parents Are Not Married in NY? Unmarried mothers automatically receive custody upon the birth of the child unless paternity is legally recognized for the father. Once paternity is established, both parents may petition for custody or visitation.
A mother can legally refuse to put the fathers name on the birth certificate if they are not married at the time of the childs birth. This decision is typically up to the mother, as unmarried fathers are not automatically recognized as legal parents until paternity is established.
Mothers generally cannot decline to present a child for paternity testing and have to abide by the determination of the courts in a paternity case. If the testing affirms a mans claim that he is the father of the child, the state can acknowledge his paternity and have his name added to the birth certificate.
Paternity gives certain rights to the child. The child has the right to child support, inheritance, Social Security benefits, and to get health insurance on the fathers plan. The child has the right to share in wrongful death claims for the father.
When a child is born to parents who are not married to each other, the biological father is not considered the childs legal parent unless the father has signed an Acknowledgment of Paternity (usually done at the hospital at the time of the childs birth) declaring himself to be the childs father, or an order of
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