Question regarding single mother- third party

[ALGURLX1]

What is the name of your state (only U.S. law)? VA
I know you all don't like thrid party questions, my neice's mother just called me from the courthouse and Im trying to get a quick question answered.

Parents were never married, no papers filed, no court orders in place. The lady in the intake office told her that both she and my brother have equal rights to the child regardless of the fact that they were never married. He is on the BC, but I was under the impression per this board that single mothers were sole custodian's until a court gave the father right for custody and visitation. Any clarification would be great thanks!

 

[Ohiogal]

What is the name of your state (only U.S. law)? VA
I know you all don't like thrid party questions, my neice's mother just called me from the courthouse and Im trying to get a quick question answered.

Parents were never married, no papers filed, no court orders in place. The lady in the intake office told her that both she and my brother have equal rights to the child regardless of the fact that they were never married. He is on the BC, but I was under the impression per this board that single mothers were sole custodian's until a court gave the father right for custody and visitation. Any clarification would be great thanks!

There are no enforceable rights for either party with out a court order. And since dad is listed on the birth certificate he will be recognized by the police as a father with equal rights to the mother. A court order is necessary to have ENFORCEABLE rights.

 

[Proserpina]

What is the name of your state (only U.S. law)? VA
I know you all don't like thrid party questions, my neice's mother just called me from the courthouse and Im trying to get a quick question answered.

Parents were never married, no papers filed, no court orders in place. The lady in the intake office told her that both she and my brother have equal rights to the child regardless of the fact that they were never married. He is on the BC, but I was under the impression per this board that single mothers were sole custodian's until a court gave the father right for custody and visitation. Any clarification would be great thanks!

Both have equal rights, yes - the difference is that an unmarried father must go through the court to exercise those rights. Mom does not.

Until Dad does, Mom is - usually - considered the sole legal custodian.

ETA: OG said it much better and with far greater accuracy

 

[ALGURLX1]

There are no enforceable rights for either party with out a court order. And since dad is listed on the birth certificate he will be recognized by the police as a father with equal rights to the mother. A court order is necessary to have ENFORCEABLE rights.

Thank you. So if he were to show up at my house (mom and baby live with me) and demand the child she would need to give him the baby?

 

[LdiJ]

Thank you. So if he were to show up at my house (mom and baby live with me) and demand the child she would need to give him the baby?

No, absolutely not. They have EQUAL rights. She has just as much right to keep the baby with her. For him to be able to demand that she turn the baby over to him he would either have to have court orders specifying that he got the child on that date and time, or he would have to have SUPERIOR rights to hers. I hope that makes sense to you.

 

[ALGURLX1]

No, absolutely not. They have EQUAL rights. She has just as much right to keep the baby with her. For him to be able to demand that she turn the baby over to him he would either have to have court orders specifying that he got the child on that date and time, or he would have to have SUPERIOR rights to hers. I hope that makes sense to you.

Ok that's what I thought as well. Thank you all so much. She just went ahead and filed for custody while she was down there to get all of this sorted as soon as possible and she is looking into speaking with a lawyer. Her situation would be far to recognizable to my brother if he were to find this website. Anyway thanks for all your help & qquick responses!!