Who gets custody of child if never married? unmarried child custody situations present different child custody issues for both the unwed mother and unwed father. Unwed fathers seeking access to their children often find themselves fighting an uphill battle to gain child custody and visitation rights as the family court system is often stacked against them. Most states award sole physical custody to unwed mothers unless the mother is completely unfit or the father files a petition for rights, establishes paternity, and a judge awards joint child custody or visitation rights to the father. For unwed mothers the battle in unmarried child custody situations is almost always with seeking financial support. For full article click here.