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Typically, child custody issues happen during a divorce. But custody matters occur with parents who have children but never marry. If an unmarried couple who have a child separates, the father can take action to seek custody. With blended families, extended families and foster families, a stepparent or a grandparent or a foster parent who's been a child's primary caretaker may seek custody.

Everyone might initially agree on custody, but a custody dispute will most likely end up in court. If it does, the court applies the best interests of the child standard when making the decision. This means that the court will award custody to the person that will best encourage the child's happiness, health, safety and well-being.

Unmarried Father Seeking Custody

Even if an unmarried father is listed on the child's birth certificate and paternity is established, it doesn't mean that he has any custody rights. When seeking custody, a father must show that he's committed to having a relationship with his child by being involved and participating in raising the child. The court considers who the child's primary caretaker is and what's in the best interests of the child

Third Party or Non-parental Custody

An even more complicated situation arises if a person other than the child's parent wants custody. Such a person is sometimes called a third party or non-parent. Examples of a third party or non-parent can include a:

• Stepparent
• Foster parent
• Grandparent

A non-parent or other party wanting custody has extremely high standards to overcome. First, you must establish that you have a right, or standing, to seek custody of the child. Then, you must show that custody with the legal parent is harmful to the child or that the parent is unfit. Finally, the court will consider if the award of custody is in the child's best interest.

Determining Custody

No single factor determines an award of custody. Rather, a court considers the best interests of the child. State laws vary, but when determining a child's best interests, almost all courts consider:

• The child's preference
• Parents' wishes as to custody
• Emotional bonds between the child and parents, siblings and extended family
• The child's adjustment to his home, school and community
• The mental and physical health of the child and parents

Other things the court may consider include the child's current situation, and whether there is drug or alcohol abuse by a parent, and physical, mental or sexual abuse in the child's home.

Custody issues involve very personal, emotional matters. Unmarried parents have the same child custody rights as divorcing parents. The rights are based on the parent-child relationship and the best interests of the child - not on whether parents are married.