If the parents are unmarried, the mother has the sole, legal and physical custody of the child until the Court orders otherwise.  However, if the parents are married, both parties share legal custody of the child and have equal rights to parenting time until the Court orders otherwise; or they agree to custody or parenting plan that is approved by the Court.  This means that they have legal custody to be able to make major decisions about the child’s life until the Court makes a decision.