The child can get benefits, such as Social Security, if the father receives such benefits or dies. If the parents were not married when the child was conceived or born, then the mother has sole custody until a court decides otherwise. If there is a paternity hearing, the court will decide custody, child support and visitation based on the best interests of the child, the same as it would in a divorce. The father has no right to custody or visitation unless he goes to court to ask for them. Legal custody means the right to make major decisions for the child, including education, health care, and religious training.
Legal custody can be individual or joint.
Joint legal custody means that both parents have equal rights and responsibilities in making these major decisions. Physical custody and residence means living with the child and having the routine daily care and control of the child. One parent may have sole physical custody even if the parents have joint legal custody. If both parents want custody of the child, the court looks at all important facts in deciding the best interests of the child. The court must make detailed findings on all of the factors.