Which parent is entitled to custody?

Most people think that the mother of a child born out of wedlock is automatically entitled to custody. While this is true where the natural father has not been determined, in a paternity case, both parents have the same rights to be awarded custody. Most of the time, the mother of a child between the ages of infancy through nine years is regarded as being best suited for custody. However, this is not a hard and fast rule and there are circumstances where the father can gain custody. Sometimes these circumstances arise where the mother is drug or alcohol dependent, fails to maintain a consistent home life for the child, fails to look after the child's daily needs or otherwise neglects or abuses the child. In fact, with so many women working out of the house, a case can no longer be made that custody should go to the mother because she is home more often than the father is. However, all things being equal, the mother of a child of "tender years" is going to be favored for custody.

Nevertheless, a father, does have important rights at stake in a paternity case. One right is to have your child legally declared to be your child. The second right is to be entitled to reasonable rights of visitation and other contact with the child including holidays, extended summer visitation access by phone and mail and notice of school events, report cards and extra curricular activities. Finally, a father is entitled to have child support set in a reasonable amount based upon the Uniform Child Support Guidelines and his ability to pay. With regard to custody, visitation or support, nothing is written in stone and each case should be decided on its own special merits.