What is needed to show that I have sole custody if I never married my child's father?
Full Question:
Answer:
If the parents of a child were not married when the mother became pregnant or when the child was born, the child does not have a legal father until paternity is established. The father will be shown on the birth certificate if he acknowledges paternity when or close in time to the birth, or the court orders the birth certificate to be changed to reflect the father’s name. Unmarried fathers have rights and duties similar to those of married fathers. All states have programs under which birthing hospitals give unmarried parents of a newborn the opportunity to acknowledge the father's paternity of the child. States must also generally help parents acknowledge paternity up to the child's eighteenth birthday through vital records offices or other entities designated by the state. A father can acknowledge paternity by signing a written admission or voluntary acknowledgment of paternity or paternity may be established by filing a civil lawsuit.
In most states, when a child is born to an unmarried mother, if there is no adjudication or registration of paternity, the mother has custody. Even after paternity has been adjudicated or registered, as long as there is no court order on custody, many states presume that the mother has custody of the child. Unmarried parents without custody, however, are entitled to the same visitation rights as divorced parents, absent extraordinary factors such as abuse or domestic violence. Once paternity has been established, a father has the right to seek custody of or visitation with his child. In determining custody issues, the court will generally consider the best interest of the child and may consider such factors as parental unfitness or the potential harm to the child. If the parties cannot agree to visitation rights, the court may be petitioned to request visitation rights. If the parties cannot agree on paternity, custody and child support, they should seek the assistance of an attorney who routinely handles paternity matters.
The following are Maine statutes:
19-A M.R.S.A. § 1502. Either parent dead or guilty of abandonment,
rights devolve on other
If one of the parents of a minor child is dead or has abandoned the
child, all parental rights respecting the child devolve upon the other
parent.
19-A M.R.S.A. § 1503. Rights of children born out of wedlock
A child born out of wedlock is the child of that child's biological
parents and is entitled to the same legal rights as a child born in lawful
wedlock, except as otherwise expressly provided by statute.
19-A M.R.S.A. § 1651. Parents joint natural guardians of children
The father and mother are the joint natural guardians of their minor
children and are jointly entitled to the care, custody, control, services
and earnings of their children. Neither parent has any rights paramount
to the rights of the other with reference to any matter affecting their
children.