If the Parents Are Unmarried:  An unmarried mother has sole legal and physical custody of her child until a court orders otherwise.

If the Parents Are Married:  Both parents share legal custody of the child and equal rights to parenting time until a court orders otherwise or they agree upon a parenting schedule/plan that is approved by the court.  This means that both you and your spouse have equal rights to make major decisions about your child’s life.  This may change after a court hearing on custody.