Unmarried Fathers' Legal Rights Your rights as a father are not lessened because you are not married to your child's mother. You retain the right to be mentioned on the birth certificate and to seek physical and legal custody. The law allows for unmarried parents to agree to share custody of their children or to designate one parent as the primary caregiver. In addition, there is no requirement that an unmarried father contribute to the support of his child. In Pennsylvania, there is no legal presumption that an unmarried father does not want to participate in his child's life or should not be awarded custody. An unmarried father can use the same evidence as any other parent to prove his ability to care for his child. If he chooses, he can also include the testimony of other witnesses in his effort to show that it would be in the best interest of the child to grant him custody. The court may consider several factors when deciding what role an unmarried father should play in his child's life. These include whether the parents were ever married, where they live, how long they have been involved with each other, and whether there is a need for stability in the child's life. The court may also take into account the opinion of others, including relatives of the father and mother, friends, and employers about what role he should play in the child's life.