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If the parents aren't married, and have children, who has more rights?

Fort Smith, AR |

We are not married, but we have a child together if we separated who would get the child and who would have more rights? The father or the mother.

Attorney Answers 3


They would both have equal rights to child, legally. Issue becomes what is best for child. That will depend on income, expenses, school, criminal record of parents, who will watch child during day, and many other facts that will be inquired into by judge.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.

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In Arkansas, we have a statute that specifically states that when a child is born out of wedlock the mother has custody of the child.

The father may petition the Circuit Court for a Decree declaring him to be the father, and when it does so the Court may grant the father visitation rights.

After an adjudication of paternity, the father can then seek custody if he show that he shows that he is a fit parent, has fulfilled his responsibilities as a father, and that it would be in the child's best interest for the father to be awarded custody.

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One or both of the parties need to go to court and commence a paternity and custody action to establish paternity, custody and visitation as well as support.

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