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.
The answer depends on marital status and existing court orders.
Briefly:
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.
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.
Yes, this is possible.
No. If your mother has sole legal custody she can consent to your getting married.
In 49 states the mother has sole custody and control.
When married you have equal rights to the child.
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.
Most states lean toward Joint Legal Custody with primary residential custody
mother has sole custody even if living with father
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.
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.
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.
Presumed sole custody in 49 sates.
no
Sole Custody until ruled on otherwise. The Glass Ceiling for fathers.