Who Has Custody In Maryland If Both Parents Are On The Birth Certificate?

Walter Jackowiec, Illinois managing attorney | Marble Law

Maryland managing attorney at Marble Law

Published July 21, 2025 · 3 min read

Key Takeaways

If both parents are on the birth certificate, they have equal legal rights to seek custody.
The parties on the birth certificate are presumed by law to be the parents of the child.
Maryland courts use the same custody standards whether parents are married or not.
Custody decisions are always based on what’s best for the child.

Who has custody rights in Maryland if both parents are on the birth certificate?

In Maryland, if both parents are listed on a child’s birth certificate, they start out with equal legal rights. It doesn’t matter if the parents are married or unmarried—being on the birth certificate gives each parent the standing to seek custody or visitation through the court.

That said, legal and physical custody still need to be clearly defined. Even when both parents share legal custody (which means they make major decisions together), one parent may have more physical custody depending on what the court decides or what the parents agree to. If parents can't come to an agreement, the court steps in and issues a custody order that outlines who the child will live with and how decisions will be made.

In every case, the court focuses on what’s best for the child—not just what’s fair for the parents.

Can an unmarried father take a child from the mother?

If you're an unmarried father in Maryland, being on the birth certificate doesn't automatically give you the right to take physical custody of your child without a court order. The parents named on the birth certificate have equal rights to pursue custody of the child without a custody order in place. If you're named on the birth certificate, or if you are married to each other, and one parent is not allowing access to a child, the best move is to go through the court to get a legal custody or visitation arrangement.

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What can happen if unmarried parents have a custody battle?

Maryland treats custody disputes between unmarried parents much like it does for divorced couples. The law doesn’t give an automatic advantage to one parent over the other—everything comes down to what’s in the child’s best interest.

The court decides legal custody: A judge will determine whether both parents should share decision-making responsibilities (joint legal custody) or if one parent should have sole legal custody.
A visitation schedule is set: If the parents don’t live together, the court will create a physical custody and visitation schedule. This outlines where the child lives and when they see each parent.
A parenting plan is required: Courts require a written parenting plan that spells out daily responsibilities, how decisions will be made, how communication will happen, and how to handle future disagreements.
Mediation may be required: You may be asked to go through mediation before going to trial. This is a chance to work with a neutral third party to try and agree on a custody arrangement.
Child support is usually ordered. Once custody is set, the court will likely issue a child support order. The amount is based on Maryland’s child support guidelines, which consider both parents' incomes and the time each parent spends with the child.

Do you need an attorney for help with child custody issues between unmarried parents?

Working with an experienced family law attorney can help you navigate custody issues, especially when you're unmarried. An attorney can help you establish paternity, file for custody or visitation, and protect your parental rights. They can also guide you through negotiations, court filings, and help you build a strong case focused on your child’s best interests. If you need support, Marble can help you understand your options and confidently move forward.