When married, the father is assumed to be the partner in the marital agreement. If unmarried, fathers must take extra steps to gain parental rights as custody goes to unmarried mothers until and if a biological father obtains a court order. Unmarried fathers: Can claim paternity before or after a child is born Have no right to support or visitation if the mother was married before the birth of the child Can go through adoption or court order process to gain legal custody of their child