I don't agree that it's correct. And even if it was, I wouldn't agree that a father has no rights to his children if he wasn't married to the now dead mother.
Are you forgetting that Elian relatives had custody of him since he was found floating on a rubber tube?
Are you saying that unmarried fathers are automatically granted custody if mother dies or is declared unfit?
And even if it was, I wouldn't agree that a father has no rights to his children if he wasn't married to the now dead mother.
Do you think boyfriends who get their girlfriends pregnant and remain unmarried for seven years should have automatic custody rights?