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If one partner is not a legal parent of the child, that partner may not have any parental rights. Ideally, if an unmarried partner wants to remain in the child's life, both parties will create an agreement that outlines parenting time and other rights and responsibilities for the unrelated parent.
Note that the father can only get custody if paternity gets established. Otherwise, the unmarried mother gets sole custody of the child. So, an unmarried man has the same child custody rights as the married couple, as long as he gets a paternity test done.
As a rule in most states, if the parents are not married, the mother is automatically given primary custody rights over the children. This means she has complete authority to make any major and minor decisions regarding her child's welfare.
Generally, a child's guardian will be one or both of his or her parents. Section 27 of the Act deals with parental guardianship rights. It provides that where a mother and father are living together, whether married or not, they are joint guardians of the child unless a court orders otherwise.
An unwed father will not have the same legal right as a married father. In the time of separation, the mother will get custody. The unwed father must prove paternity before claiming custody of his child. If the paternity cannot be proven, he will have no right to say anything over his child's life.