There is a misconception that exists that if a father is unmarried, he does not have rights to his children. This is false. An unmarried father often feels helpless because of the mother of his child is refusing to give him visitation or any contact with his child.

The court recognizes that fathers and mothers both are presumed to have the same rights to their children. The law presumes that custody should be equally shared by both parents until proven otherwise. However, an unmarried father must first establish paternity to exercise his rights to visit or contact his child through a custody order. It is in the best interest of the unmarried father to do so immediately after separating from the mother.

In getting a custody order, an unmarried father can protect his right to have custody of his child. The custody order will provide visitation rights and any other matter that the court decides. The order must be followed and enforced by both the mother and the father. Filing for a court order shows the court that in the event of a custody battle that the father:

• Had no intention of abandoning his children; and
• The father has shown interest in being part of the lives of his children

Without a custody order, the mother has no obligation to allow visitation to the father.