(1) Where the parents, at the date of the birth of the child, are not married to one another, they have joint parental custody
1. if they declare that they wish to take on parental custody jointly (declarations of parental custody),
2. if they marry one another, or
3. if the family court transfers joint parental custody to them.
(2) On application by a parent, the family court is to transfer parental custody or a part of parental custody to both parents jointly in accordance with subsection (1) no. 3 if the transfer is not inconsistent with the best interests of the child. If the other parent fails to submit any reasons which might be inconsistent with the transfer of joint parental custody, and if no such reasons are otherwise manifest, it is to be presumed that joint parental custody is not inconsistent with the best interests of the child.
(3) In all other cases, the mother has parental custody.