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Does she not have custody and seeks to gain it? Or does she want to ensure ongoing custody of a child in her care? Generally speaking, a birth mother has the better chance of achieving or retaining custody than the father, but various factors will be taken into consideration if the courts are involved. Also under consideration will be the suitability of either parent to have or obtain custody. Ultimately the courts should consider the welfare and comfort of the child, and so should the parents.

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15y ago
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12y ago

The answer depends on marital status and existing court orders.

Briefly:

  • An unmarried mother has sole custody of her child until that status is modified by a court order. The father must establish his paternity through the family court and then obtain a court order to establish his custodial rights. He may petition for joint custody or sole legal and physical custody if he believes the child would be better off with him. The court will render a decision based on the evidence.
  • If the parties are married then each has equal parental rights.
  • If the parents are divorced legal and physical custody is addressed in the divorce decree.
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10y ago

United States


Courts don't rule on custody until the child is born. Legal custody isn't an issue until the child is born. An unmarried mother in the United States has sole custody of her child until the father has established his paternity legally.Once his paternity has been established he can petition for joint custody and/or a visitation order. The court will decide based on state laws and other factors.

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7y ago

When the issue pertains to unmarried couples the law presumes the mother to have full legal custody of the child(ren). The father must establish paternity before custody, child support or visitation rights can be addressed by the court.

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15y ago

Yes, this is possible.

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Q: Can a married women get sole custody?
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Related questions

Your mother has full custody. Would your father have to consent for you to get married?

No. If your mother has sole legal custody she can consent to your getting married.


Is sole custody given to the mother by South Dakota law if she and the father were never married?

In 49 states the mother has sole custody and control.


Do I lose custody of my child if I remarry my child's mother after having sole custody?

When married you have equal rights to the child.


How do you I file for sole custody of your son when you are not married to his father?

Generally, as an unmarried mother you already have sole custody of your child under the law in every state. The father must establish his paternity in court in order to obtain shared custody and visitation rights. Until he does, you have sole legal custody.


Can you get sole custody if your spouse still legally married has moved out of state?

Most states lean toward Joint Legal Custody with primary residential custody


Who has legal custody of a minor child when parents never married in the state of co?

mother has sole custody even if living with father


What custody rights does a father and a husband have to his children after a year of no contact with the children?

Generally, if married he has custody rights equal to the mother unless she has brought a petition for sole custody in his absence. If he is not married his custody rights must be established by a court order.


How do you get legal full custody of your children while their father is in prison they are living with me not but I want something in writing before their father is released?

You haven't included important details such as your marital status and whether there is an existing custody order.If you are divorced, or never married and there is a custody order, you need to return to court and request sole custody. If you are married then you need to consult with an attorney or a legal advocate at the court.You haven't included important details such as your marital status and whether there is an existing custody order.If you are divorced, or never married and there is a custody order, you need to return to court and request sole custody. If you are married then you need to consult with an attorney or a legal advocate at the court.You haven't included important details such as your marital status and whether there is an existing custody order.If you are divorced, or never married and there is a custody order, you need to return to court and request sole custody. If you are married then you need to consult with an attorney or a legal advocate at the court.You haven't included important details such as your marital status and whether there is an existing custody order.If you are divorced, or never married and there is a custody order, you need to return to court and request sole custody. If you are married then you need to consult with an attorney or a legal advocate at the court.


Can you gain sole custody of a child by receiving child support?

Depends on circumstances. A single mother has a presumption of sole custody at the time of the birth of the child. Where married parents are separated, there is a presumption of joint physical custody whether or not support is ordered.


What are the Legal rights for mothers who have never been married?

Presumed sole custody in 49 sates.


Is legal custody sole custody?

no


Would a mother have have full custody if her and her son's father were never married in Michigan?

Sole Custody until ruled on otherwise. The Glass Ceiling for fathers.