QLD Who has Custody of Children After Birth for Unmarried Couples?

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22 August 2015
If you're not married and have children, who's got custody of children after their birth? Mother or father? Or both 50/50?


Well-Known Member
23 July 2014
There are no rules or laws about this, but both parents legally share equally in parental responsibility, so it's expected of them to try and reach agreement about parenting matters before filing anything with the court. Thus, you are expected to discuss and decide with the other parent who the children live with and how often they see the non-live-with parent.

Hope this helps.
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Well-Known Member
20 August 2015
Parents’ rights under the Family Law Act 1975 (the Act)
There are no explicit rights for parents in the Act.

Parental duties, powers, responsibilities and authority
Each parent has parental responsibility for each of their children until they turn 18 years of age. If the parents have separated or remarry their parental responsibilities do not change because of the changes in the parents’ relationships.
Under the Act parental responsibility, in relation to a child, means all the duties, powers, responsibilities and authority which, by law, parents have in relation to children.
It is the parents’ duty to protect their child from harm and to provide their child food, clothing and a place to live, financial support, safety, supervision, medical care and education.

Equal shared parental responsibility
Under the Act there is a presumption that “equal shared parental responsibility” is in the best interests of children.
The presumption does not apply if there are reasonable grounds to believe that a parent of the child or a person who lives with a parent of the child has engaged in child abuse or family violence.
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