Who Gets Custody When Child is born out of wedlock.

The father of a child born out of wedlock has the same parental preference rights to custody as he would had he and the mother been married, provided the father has diligently and timely pursued his claim. The key is that the father must proactively pursue the parental rights to which he is entitled. Generally, the mother will take custody of the child immediately following birth, and the child may live with the mother for an extended period of time while the father will have to pursue legal action to assert his parental rights. At least one court has held that in the ensuing custody proceeding, the standard to be applied requires the father to prove that a change of custody will materially promote the child's best interests. As always, the ultimate question is "what is in the best interest of the child?" The resolution could be primary custody to the father or split custody if that is what is best for the child. Find out more about Child Custody Modification.