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If there is No court order can the father take the child away from the mother?
Wiki User
∙ 9y ago
In the United States both parents have equal rights to the child if they are married and not divorced and there is no court 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. 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.
Without further details it seems as though this father is making up his own rules and exerting too much control over the child and the child's mother. She should seek help ASAP from an attorney or other legal advocate.
Wiki User
∙ 6y ago
Wiki User
∙ 12y agoGenerally, 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. Once paternity is established in court, the father can request visitations or custody through the court. 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. 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. Once paternity is established in court, the father can request visitations or custody through the court. 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. 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. Once paternity is established in court, the father can request visitations or custody through the court. 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. 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. Once paternity is established in court, the father can request visitations or custody through the court. 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.
Wiki User
∙ 12y agoGenerally, 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. Once paternity is established in court, the father can request visitations or custody through the court. 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.
Wiki User
∙ 11y agoGenerally, if the parents are unmarried the mother has sole custody until the father establishes his paternity in court.
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What steps can a father take if the mother isn't abiding by the stipulated child support order?
This is a legal matter. The father must return to the court that issued the child support order and file a motion for contempt of a court order. He can explain in his motion how the mother is in violation.This is a legal matter. The father must return to the court that issued the child support order and file a motion for contempt of a court order. He can explain in his motion how the mother is in violation.This is a legal matter. The father must return to the court that issued the child support order and file a motion for contempt of a court order. He can explain in his motion how the mother is in violation.This is a legal matter. The father must return to the court that issued the child support order and file a motion for contempt of a court order. He can explain in his motion how the mother is in violation.
What if the mother of the child fied for child support in Georgia and the father lives in New york and he wanted to legitimize the child after the child support court order do He have to go to Georgia?
Yes. However, if the parents are not married the Georgia court will establish paternity legally in order to issue a child support order. If that's where the mother and child live and mother filed there, that court will have jurisdiction. The father should cooperate with the DNA testing to establish paternity.Yes. However, if the parents are not married the Georgia court will establish paternity legally in order to issue a child support order. If that's where the mother and child live and mother filed there, that court will have jurisdiction. The father should cooperate with the DNA testing to establish paternity.Yes. However, if the parents are not married the Georgia court will establish paternity legally in order to issue a child support order. If that's where the mother and child live and mother filed there, that court will have jurisdiction. The father should cooperate with the DNA testing to establish paternity.Yes. However, if the parents are not married the Georgia court will establish paternity legally in order to issue a child support order. If that's where the mother and child live and mother filed there, that court will have jurisdiction. The father should cooperate with the DNA testing to establish paternity.
Can a father legally change a child's name if the mother disagrees?
By court order.
Can the mother sign over partial custody of her child to some one other than the biological father without his consent even if he has never seen the child but pays child support?
No. The father must also consent. The mother cannot "sign over" the child without a court order granting guardianship. The court will require the father be given notice and the opportunity to object.No. The father must also consent. The mother cannot "sign over" the child without a court order granting guardianship. The court will require the father be given notice and the opportunity to object.No. The father must also consent. The mother cannot "sign over" the child without a court order granting guardianship. The court will require the father be given notice and the opportunity to object.No. The father must also consent. The mother cannot "sign over" the child without a court order granting guardianship. The court will require the father be given notice and the opportunity to object.
Can a divorced natural father of a child take residency of the child if the mother dies?
Certainly, by court order.
Can a married mother stop the father from seeing his child in Florida?
Not unless she has a court order.
Does a father have to return a child to the mother if there is no court order in NC?
If the parents are unmarried and the father has not established his paternity legally- yes. If the parents are married the mother may need to seek a court order to have the child returned. You should consult with an attorney.
Can the mother refuse a visit if she doesn't agree with where the child will be taken Also there is no court order?
If the father have no court order for visitation she can refuse.
What would happen if a child is with their father for his weekend and child runs away to the mother with primary custody?
The police can bring the child back to his father since the court order says it is his weekend. The mother also have a responsibility to make sure the child is brought back and can not break the court order.
Does the father have a legal right to know who is living in the same household as his child?
Generally, no. The father does not automatically hold that degree of authority over the child's mother and the mother does not hold that degree of authority over the father. If the father believes there is a situation that creates an unsafe environment for his child then he must take the matter to court and ask for a court order.Generally, no. The father does not automatically hold that degree of authority over the child's mother and the mother does not hold that degree of authority over the father. If the father believes there is a situation that creates an unsafe environment for his child then he must take the matter to court and ask for a court order.Generally, no. The father does not automatically hold that degree of authority over the child's mother and the mother does not hold that degree of authority over the father. If the father believes there is a situation that creates an unsafe environment for his child then he must take the matter to court and ask for a court order.Generally, no. The father does not automatically hold that degree of authority over the child's mother and the mother does not hold that degree of authority over the father. If the father believes there is a situation that creates an unsafe environment for his child then he must take the matter to court and ask for a court order.
What is the law if father wont let mother see child?
If the mother have visitation right granted by the court the father can not stop her from seeing her child. If he does she can get help from the police and also report him back to the court so they know he broke the court order.
Is the child state property if the parents are not legally married?
No. A child is no one's property. An unmarried mother has sole custody until the father establishes his paternity in court. Once paternity is established the father can petition for custody and/or visitation and the court can prepare a child support order as necessary if the mother retains sole physical custody.No. A child is no one's property. An unmarried mother has sole custody until the father establishes his paternity in court. Once paternity is established the father can petition for custody and/or visitation and the court can prepare a child support order as necessary if the mother retains sole physical custody.No. A child is no one's property. An unmarried mother has sole custody until the father establishes his paternity in court. Once paternity is established the father can petition for custody and/or visitation and the court can prepare a child support order as necessary if the mother retains sole physical custody.No. A child is no one's property. An unmarried mother has sole custody until the father establishes his paternity in court. Once paternity is established the father can petition for custody and/or visitation and the court can prepare a child support order as necessary if the mother retains sole physical custody.
