Who has custody if there is no custody order in place?
It depends. If you
are married and have not gotten a custody order, both you and your spouse
automatically share custody of your child.
This means that both you and your spouse have the right to make major
decisions about your child’s life, and the right to care for your child and
have the child live with you.*
If you are not married, and there is no custody order in
place:
The mother's legal relationship to the child is
automatically established when the child is born.*1
In order for the father to establish a legal relationship
with the child, he will have to establish what is called paternity (legal
fatherhood). This can be established by:
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