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Unwed Fathers' Rights Generally, if a man and woman are not married and have children, the courts will award sole custody to the mother, even if she is a minor. The unwed father usually only receives custody if it is proven that the mother is unfit (physically or mentally unable to care for the children, or if she is an addict or prostitute). Unwed fathers may be granted visitation rights as long as the visits are not disruptive to the children.
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