Family Law Questions? Ask a Family Lawyer Online.
Thank you for your question. Please permit me to assist you with your concerns.To answer your question directly, if he is legally listed on the birth certificate as the parent, then you both share exact co-equal rights to custody of the child. Neither of you have superior rights to one another, and it is irrelevant whether or not you are married or not. What is important is if both are listed as legal parents, and if that takes places, without a court order, both have equal rights.Hope that helps.