There is NO “technical standpoint”, there is simply the LAW.
Myth #1: If the parents weren't married, the mother has custody. Truth: No, the marital status has no bearing at all unless paternity is contested. If paternity is contested, but it becomes proven, the father has full equal rights.
Actually…marital status has a great deal of bearing in matters of “custody”.
If a woman is single at the time of birth, she has de jure “custody since she is the ONLY “legal” parent until such time as paternity is established…either through a “voluntary acknowledgement” or through a court order. And the establishment of paternity does not automatically confer any “rights”.
If the woman is married at the time of birth, her husband is presumed to be the biological father and through the civil act of their marriage, is accorded the same legal “custodial” rights as the mother.
Myth #2: If you don't want the father around, it is ok to leave his name off of the birth certificate. Truth: Actually, if it can be proven that you intentionally left his name off, that is falsification of vital records. It is also wrong to take that attitude.
First of all, you’re going to have to show me the law or statute that says this.
Second, it’s not always up to the mother. If the woman is married, the ONLY name that goes on the BC is the husband’s since he is presumed to be the father. If the woman is married and states that her husband is NOT the “father”, then it is left blank. If the woman is single, then the only way the “father’s name” is placed on the BC at the time of birth is if the “father” signs an “acknowledgment of paternity”. Otherwise, the “father” has to go to court to establish paternity and with a court order, have the BC changed.
Myth #4: The mother decides whether or not the father can have contact with the child. Truth: Both parents have an equal say in all things related to the child, including parenting time issues.
Again, we are back to marital status. If the mother and father are married, then of course they have equal “rights” to their child unless otherwise decided in a court of law. If the mother and father are NOT married, then the mother does have the “right”, unless otherwise decided in a court of law.
Myth #5: The mother has the child in her possession, so therefore she has custody. Truth: She doesn't legally have custody until a judge says so. She will have a better chance at custody if she cooperates, shares the child and promotes the relationship between father and child.
This is just a rehash of #4. If the mother is single, then she has sole “custody” until a Judge says otherwise.