If my daughter’s dad are not married, does he still have the same rights to her as I do?

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If my daughter’s dad are not married, does he still have the same rights to her as I do?

If something happened to me, what would happen?

Asked on December 18, 2012 under Family Law, Arkansas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Absent some unusual circumstance, just because you were not married, does not prelude your daughter's father from excersising his parental rights. Accordingly, he would most definitely have the right to take custody of your child in the event of your death. Again, this is true unless there was some overriding factor mitigating his excercise of his rights as a parent (e.g. he is incarcerated or in some other way is deemed to be unfit as a parent).


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