The primary question is who gets custody of the child if the couple is never married? Ordinarily, unmarried fathers often fight for contact and child custody visitation rights to their children. Unmarried mothers most often battle for child support from the father. Unmarried fathers and child custody Different states in the U. These rights specify who will have physical and legal custody of the child. The payments for child support are also figured out in custody rights cases. The rights to the custody of a child may be given to only one parent or legal guardian or be shared by both parents. In about 70 percent of cases, primary custody rights are granted to the mother of the child. The following factors are taken into consideration by the courts: The physical and mental ability of the parents to take care of the child The main caretaker of the child Who makes the decisions involving the child Who helps the child in his or her daily activities Who has better finances to provide for the child s needs As a father trying to get custody of your child, you must be aware of the two custody options available to you: legal custody and physical custody. The next important step in filing for a child custody case is finding a court in the county that you are in that are fit to handle various custody cases which is the family court. You can find a simple list from the government guide usually listed down on the phone book. For those who still don t know which court they should call, they may ask the county clerk's office or even the people in the local area such as the mayor s clerk since they know which courts accept child custody cases. In most cases, both parents want custody of their children and are willing to give up everything just to win their custody battle. What most divorced or separated couples do not realize, however, is that custody should focus on what serves the best interest of their children. If you want to get custody of your child, follow these tips to win the custody battle. But if the parent s new partner has caused harm to the child or if the child is made uncomfortable by the displays of affection, the court will question the parenting capabilities of that person. Another special case in custody issues involves homosexual relationships. This consideration in finding out the best interests of the child differs from one state to another.