Maryland Custody Laws for Unmarried Parents

Family structures have changed. Unmarried parents are far from outliers. According to data from the Pew Research Center, there are 16.6 million unmarried parents nationwide, meaning about one-third of all American children live with an unmarried parent.

You may be wondering: Are Maryland’s child custody laws different for unmarried parents? For the most part, the answer is ‘no’ — with the exception that unmarried fathers must take action to establish paternity. Here, our child custody attorney in Rockville provides an overview of the custody laws for unmarried parents in Maryland.

The General Standard: Custody Laws are Similar for Unmarried Parents

As a starting point, it is important to clarify that Maryland’s child custody laws are broadly similar for parents who are getting divorced and parents who were never married in the first place. Your marital status should not undermine your ability to assert your parental rights.

In Maryland, courts prefer some form of shared legal custody. However, sole custody can be awarded when deemed appropriate. There may or may not be joint physical custody of the child, depending on the specific circumstances of the case.

Any custody or visitation dispute is resolved by applying Maryland’s ‘best interests of the child’ legal standard. Maryland family law judges are required to make custody & visitation determinations based on what is best for the child’s health, safety, well-being, and social development.

The Key Difference: An Unmarried Father Must Establish Paternity

As noted above, there is a key difference between a custody case involving divorcing and a custody case involving never-married parents: The father must establish legal paternity. In Maryland, there are multiple ways to establish paternity. The first (and most straightforward) is marriage. A married man is automatically assumed to be the legal father of his wife’s child. No action is required to prove paternity. If the parents file for divorce, the father has the right to seek custody.

For unmarried men, paternity is not automatic. An unwed couple must take action to establish legal paternity. To be clear, proving paternity is not difficult if both parents agree. In Maryland, an unmarried mother and father have the right to submit a legal form called an Affidavit of Parentage to the state’s Department of Human Service. When submitting jointly, this form is sufficient to establish legal paternity. If there is a conflict over paternity, the case can get a little more complicated. Genetic testing may even be required.

The Bottom Line: Custody laws for married and unmarried couples are similar. However, a custody case for an unmarried father cannot begin until he has established legal paternity for the child.

Frequently Asked Questions About Unmarried Parent Custody Laws In Maryland

Do unmarried parents have the same custody rights as married parents in Maryland?

Yes, unmarried parents have the same custody rights as married parents in Maryland. The court considers the best interests of the child when making custody decisions, regardless of the parents’ marital status.

How does an unmarried father establish paternity in Maryland?

An unmarried father can establish paternity by signing the child’s birth certificate, obtaining an Affidavit of Parentage, or through a genetic test. Once paternity is established, the father has the same legal rights and responsibilities as a married father.

What factors does the court consider when deciding custody for unmarried parents?

The court considers factors such as the mental and physical fitness of each parent, the child’s preference (if they are of sufficient age), the ability of each parent to provide a stable home, and the potential disruption to the child’s life.

Can an unmarried father seek custody if he is not listed on the birth certificate?

Yes, an unmarried father can seek custody even if he is not listed on the birth certificate. He can establish paternity through other means, such as a genetic test or an Affidavit of Parentage.

What is joint custody, and how does it work for unmarried parents?

Joint custody means that both parents share decision-making responsibilities and/or physical custody of the child. For unmarried parents, joint custody can be awarded if it is in the best interests of the child.

Can custody arrangements be modified for unmarried parents?

Yes, custody arrangements can be modified if there is a significant change in circumstances. Either parent can request a modification, and the court will review the case to determine if a change is warranted.

What happens if the parents cannot agree on custody?

If the parents cannot agree on custody, the court will make the decision based on the best interests of the child. It’s often beneficial for parents to try mediation or negotiation to reach an agreement.

Are there any special considerations for unmarried parents in custody cases?

While the law does not explicitly address unmarried parents, the court will consider the unique circumstances of each case and make decisions based on the best interests of the child.

What if the mother moves to another state while pregnant?

If the mother moves to another state while pregnant, the father can still seek custody rights. The court will consider the best interests of the child and may make temporary custody arrangements until a final decision is made.

Are there any resources available for unmarried parents navigating custody issues?

Yes, there are resources available, such as family law attorneys, mediation services, and legal aid organizations that can help unmarried parents navigate custody issues.

Call Our Rockville, MD Child Custody Lawyer for Immediate Help

At The Law Offices of Sandra Guzman-Salvado, our Maryland family lawyer is a skilled, solutions-focused advocate for parents. If you have any questions about the custody laws for unmarried parents, we are here to help. Contact our law firm today for a confidential initial consultation. With office locations in Rockville, Bethesda, Greenbelt, and Frederick, we represent parents in Montgomery County, Prince George’s County, Frederick County, and beyond.

(Updated 1/22/2025)