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Can an unmarried mother move out of state with her child when the father is not listed on birth certificate but has filed for sole custody?
Wiki User
∙ 9y ago
If it wasnt a court issued test no unless the court allows it most states dont does the private test state both you and the childs name that would help I do know that in most cases the just say alleged father or alleged child then it really doesnt give you any proof that its you or your child
Wiki User
∙ 11y ago
Wiki User
∙ 9y agoNo. It would be very unwise for the mother to remove the children when a petition for custody has been filed. She must attend the hearings and cooperate with any court orders. Removing the children and failing to participate in the court process could result in her losing custody. Just because the father has requested sole custody doesn't mean that the court will approve his request unless the mother is deemed by the court to be an unfit parent. The father can request a DNA test and once determined to be the biological father is more likely to obtain joint custody and a visitation schedule. He will also be required to pay child support.
Th mother should hire an attorney who specializes in custody issues. If that's not possible she should check with the court about the availability of speaking with an advocate.
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Does the unmarried mother still have custody of a child if that child has the fathers last name?
If you live in the US... The child having the father's last name has NOTHING to do with custody. If Dad is listed on the birth certificate as the father, then both parents have equal custodial rights until a court declares otherwise--you need a custody order. If Dad is not listed on the birth certificate, it will be a simple thing for him to petition the court to establish paternity and once that's done he can then petition for custody/visitation.
If no father is listed who has legal custody of the child?
The mother. If she dies, her parents get custody.
If you give a baby your last name can the fathers last name still be listed on the birth certificate can the man be listed as the father on the birth certificate without giving the child his lastname?
If the father wants custody rights, this would be usable in court.
If father is listed on birth certificate and does not pay support what are his rights?
An unmarried father has no parental rights until he establishes his paternity in court through a DNA test.An unmarried father has no parental rights until he establishes his paternity in court through a DNA test.An unmarried father has no parental rights until he establishes his paternity in court through a DNA test.An unmarried father has no parental rights until he establishes his paternity in court through a DNA test.
Does the married spouse have to be listed on the birth certificate if he is not the father?
yes
What happens if the father is not listed on the birth certificate?
Nothing happens
What happens if a step father is listed on birth certificate?
Generally, the man on the birth certificate is the child's legal father, unless/until proven otherwise.
IN the state of Missouri does an unwed mother automatically have legal custody of the child?
Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Remember, a child's mother can always be identified by medical records. Since the father didn't give birth and he was not legally married at the time of the birth he must establish his paternity by signing the birth certificate at the time of birth (waiving DNA testing rights) which must be done with mother's consent. If he doesn't sign the birth certificate then he must seek another way to establish his paternity and that is done through a DNA test. A paternity test can be arranged through the court and once established the father can request visitations, custody and set up a schedule of regular child support payments for the child.
Can you leave a blank spot on a birth certificate?
Yes you can leave the spot blank for instance a father. I am a teacher and have many children in my class who have no father listed on their birth certificate.
If the father's name is not listed on the birth certificate but the child has his last name what are the rights of the father?
Yes, if he can establish his paternity legally through a DNA test. Once his paternity is established he can petition for visitation or custody and if the mother retains custody she can request a child support order. A father's parental rights do not depend on the name of the child only on the biological relationship.
Can I be a part of my child's life if I'm not listed as the father on his birth certificate?
Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Remember, a child's mother can always be identified by medical records and the hospital must make a record of all births. Since the father didn't give birth and he was not legally married at the time of the birth he must establish his paternity legally through the family court. A paternity test can be arranged and once paternity is established, the father can request visitations or custody. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Remember, a child's mother can always be identified by medical records and the hospital must make a record of all births. Since the father didn't give birth and he was not legally married at the time of the birth he must establish his paternity legally through the family court. A paternity test can be arranged and once paternity is established, the father can request visitations or custody. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Remember, a child's mother can always be identified by medical records and the hospital must make a record of all births. Since the father didn't give birth and he was not legally married at the time of the birth he must establish his paternity legally through the family court. A paternity test can be arranged and once paternity is established, the father can request visitations or custody. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Remember, a child's mother can always be identified by medical records and the hospital must make a record of all births. Since the father didn't give birth and he was not legally married at the time of the birth he must establish his paternity legally through the family court. A paternity test can be arranged and once paternity is established, the father can request visitations or custody. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.
Is a child considered a legal descendant of the step-father if the step-father was listed on the birth certificate as the father?
You are considered the legal descendant, for purposes of inheritance, of the parent who is listed on your birth certificate. However, someone supplied false information at the time of the recording of the birth and that issue may come up in the future. A court order could change the situation but until that time the birth certificate would control.
