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Yes — but until you have a court order, your parental rights are essentially unenforceable. If the other parent stops letting you see your child, the police can’t help you. There is no default custody arrangement for unmarried parents in New York, which means either parent can withhold access, relocate, or make major decisions alone until a court says otherwise. That changes the moment you file. A Garden City child custody attorney can help you secure a legally binding custody order that protects your relationship with your child.
How New York Handles Custody for Unmarried Parents
In New York, child custody laws apply equally to married and unmarried parents. Whether you were in a long-term relationship, briefly dated the other parent, or never lived together, you have the right to seek custody of your child. Under New York Domestic Relations Law, there is no prima facie right to custody in either parent, which means the court does not automatically favor mothers over fathers or married parents over unmarried ones.
Unmarried fathers must take affirmative steps to establish their parental rights. This distinction makes it critical for fathers, and for both parents who want a formal custody arrangement, to understand the legal process involved.
Why Establishing Paternity Is the First Step
When a child is born to parents who are not married to each other, the biological father is not considered the child’s legal parent unless the father has signed an “Acknowledgement of Parentage” or an “Order of Filiation” has been entered. Without one of these, an unmarried father has no legal right to custody or visitation with the child.
There are two primary ways to establish paternity in New York:
Acknowledgment of Parentage
Unmarried parents in New York can solidify paternity using an Acknowledgement of Parentage form, which can be signed at the hospital immediately following the birth, at the local child support office, or through the office of the birth registrar. Both the mother and father must sign the form voluntarily.
Order of Filiation
A paternity case is brought in Family Court for an Order of Filiation, which is a Court Order that names a man as the father of a child and gives him the right to custody, visitation, and the responsibility of paying child support.
There is no filing fee in Family Court.
Once paternity is established, the father has the same legal rights and obligations as a married father. This includes the right to petition for custody or visitation and the obligation to pay child support. In New York, a child is entitled to be supported by his or her parents until the age of 21, unless emancipated earlier.
What Factors Does the Court Consider?
Once paternity is established, the court does not favor one parent over the other. Custody cases are determined by the best interest of the child. New York law requires that the child’s health and safety shall be the paramount concern when making a custody decision.
There is no specific definition of “best interest.” Instead, the court considers many factors, including:
- Which parent has been the primary caregiver of the child
- The stability of each parent’s home environment
- Each parent’s mental and physical health
- The child’s existing relationships and community ties
- Any history of domestic violence, substance abuse, or neglect
- Each parent’s ability and willingness to foster the child’s relationship with the other parent
- The child’s own preference, depending on age and maturity
The Court does not rely on any single factor but considers the totality of the circumstances. For unmarried parents in Garden City and across Long Island, this means your marital status alone will not determine the outcome. What matters most is your ability to provide a safe, stable, and nurturing environment for your child.
Custody Options Available to Unmarried Parents
New York recognizes two types of custody, and each can be awarded as sole or joint. Legal custody involves making decisions about the child’s life, while physical custody refers to where the child lives. Understanding the differences is important when determining what arrangement to pursue.
Sole legal custody means one parent makes important decisions for the child. Joint legal custody means both parents decide together. When parents have joint physical custody, the child spends an equal amount of time with each parent. If one parent has primary physical custody, the child lives with that parent most of the time, and the other parent typically follows a parenting time schedule.
Unmarried parents may be able to negotiate a custody agreement without going to Court through mediation or through their attorneys. If they reach an agreement, they can submit it to the Court for approval. If they cannot agree, a judge will make custody and visitation orders. Having a formal Court Order is important regardless of your current relationship with the other parent because it makes your custody arrangement legally enforceable.
Protect Your Parental Rights With The Saul Law Firm
Whether you need to establish paternity, negotiate a custody agreement, or take your case to Family Court, you do not have to navigate this process alone. The Saul Law Firm helps unmarried parents across Garden City, Nassau County, and Long Island protect their rights and secure custody arrangements that put their children first. Contact us today to schedule a confidential consultation to learn how we can help.