- The mother of the child born outside of wedlock automatically has custody. The father must have paternity established. The length of the parent's relationship has no effect on the child's paternity. In fact, the only way to establish it is via voluntary paternity acknowledgement completed by the father, or a paternity suit filed in family court.
- The voluntary paternity acknowledgement establishes paternity outside of court, but only if the parents are completing the document willingly. The document is provided by the hospital. Both parents complete the document with vital information like names, dates and places of birth, and contact information. The document is notarized and filed with the North Dakota Department of Vital Records. After the document is filed, the father has paternal rights over the child, as would a married father. He shares joint custody of the baby, unless this is contested.
- If the parents cannot agree on custody, the courts will decide the matter. One parent must sue for custody in family court to initiate the process, which involves a hearing and determination of custody by the court. Mothers can also use the courts to sue the biological father of the child born out of wedlock, who does not acknowledge paternity. Once the father's paternity is established, the parents can return to court to determine custody.
- The voluntary paternity acknowledgement can be completed before the child is born. When this is done, the father assumes rights over the child from birth. Women who are separated or divorced and have the baby within 300 days of the divorce or separation, do need a voluntary paternity acknowledgement, along with the biological father and the husband -- if he isn't the father.