Custody and visitation rights when there is no marriage between a couple If you break up, your partner generally will have custody and visitation rights only if the partner is also a parent of the child. Then, he or she will have the same rights to child custody or visitation a married person would have. But the law in this area is still developing, and many states allow judges to grant visitation rights to non-parents. Your partner may, of course gain rights or obligations by adopting your child. One may become a legal parent by adoption as well as by natural processes.
Adoption is probably the only way that same-sex couples can share custody of a child.
People who believe in good faith that they are legally married when they are not. In general, the law will provide remedies for such people even without an agreement between them. Inc. All rights reserved.