Like most aspects of family relations, the law in the field of child custody and visitation is usually state rather than federal. Child custody and visitation are legal terms describing the legal and practical relationship between a parent and his or her child, the bundle of rights and responsibilities of the parent, including the parental right to make decisions for the child and the duty to care for and protect the child.
In the case of divorce, generally, the court having jurisdiction of the divorce proceedings also determines who will have custody of children from the marriage. Under the common statutory provision, the parents of a child born within a marriage are joint guardians of that child and the parental rights of both parents are equal--each parent has an equal right to the custody of the child at the time they separate.
When a child is born without a marriage, federal law, the Uniform Child Custody Jurisdiction and Enforcement Act, governs which state has jurisdiction to decide who will have custody of children from the relationship. When they separate, a parent whose name does not appear on the birth certificate is not a joint guardian of that child and has no custody or visitation rights, until he or she is determined by a court to be a parent of the child. read more at: http://www.familyrelationslaw.com/children.html
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