If an unmarried couple breaks up with a kid, the unmarried couple still has to resolve child custody, visitation and child support through family court if they cannot agree.
However if the couple is unmarried and breaks up with a kid they don't have to file for a divorce like a married couple would need to do.
Before a court can grant custody or support rights to an unmarried father for the kid, the court must establish legal parentage (paternity).
Establishing paternity involves birth certificate or acknowledgement, court testing and sole responsibility.
Without established paternity, the mother typically holds the sole legal and physical custody rights to the kid.
If any paternity is disputed, the court may also order a genetic test to legally confirm the father before they move forward.
And if both parents that are unmarried signed a voluntary acknowledgement of paternity or hte father is listed on the birth certificate, legal fatherhood is also established.
When deciding on who gets custody of the kid whether through divorce or even just a break up between unmarried couples with a kid, courts decide the living arrangements and decision making power based on what serves the child best and not the parent's marital status.
The parents may also share joint decision making (legal custody), or one parent may even have primary custody while the other gets scheduled visitation.
Formal agreements are also needed as verbal agreements are not legally enforceable and parents should also submit a written parenting plan to a family court judge to make it official.
Even if the couple is unmarried and breaks up, both parents still must support their child financially, regardless of whether they were ever married.
Courts also use standard state formulas that are based on each parent's income and the amount of parenting time.
And once ordered by a judge, child support becomes legally binding and is subject to wage garnishment if unpaid and you can get arrested for unpaid child support if you're not paying.