Who has custody of baby? what is legal rights of birth mother in non-married couple?

The mother of a child born out of wedlock makes all the decisions for the child and the father does not have any rights unless and until a court establishes those rights, as well as responsibilities.

Under Florida law, a child born out of wedlock the mother is the natural guardian and has all the legal rights to the child. The father must go to family law court and file for paternity and have it established by a family law Judge. Your daughter has all of the rights and doesn't have to do anything she doesn't want to do. Good luck. Sincerely, B. Elaine Jones, Esq.

I agree with my colleagues; the mother has all the rights in a situation where she is not married to the father unless and until the court finds otherwise, or if the parties marry after the birth. If he filed for some kind of paternity action she would have to be served with the paperwork.

You were given great advice by the other attorneys. It looks like her boyfriend knows the answer and thats why he filed a paternity action. Your daughter will need a lawyer to represent her in the paternity action. This will be important because child support and time sharing will be decided at this point, and you want a favorable resolution. If she doesnt get an attorney he could get custody and she will have to pay child support