Do Joint Custody Laws Apply to Unmarried Parents?

Most states provide that the child’s biological mother has sole physical custody when the parents are unmarried.  If the biological father takes legal steps to be considered for custody, he must file a petition with the courts establishing paternity.  An unwed father usually can’t win custody from the mother who demonstrates that she is a good parent.  However, if he can prove the mother unfit, the courts may consider this and request a hearing.  The burden of proof is often on the father to prove that he can provide a more suitable environment for the child.

The unwed father has a right to participate in the child’s life from the beginning.  He must be willing to support the child and provide a happy and healthy childhood for the soon to be newborn.  Both biological parents require maturity.  The child’s need must always come first.

If both the mother and father agree to joint physical custody, they can choose to hire an attorney to write up an agreement establishing how the custody agreement will be carried out.  If you cannot agree on custody arrangements, the courts will probably side with whatever the biological mother wishes due to the fact you cannot provide a home for your child while on duty in Iraq.