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Does the father have legal rights to custody?

Updated: 8/18/2019
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12y ago

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Yes, a father has legal rights to custody. He may need to establish that he truly is the father of the child, by getting a paternity test.

An unmarried father must establish his paternity and arrange for a custody hearing if he wants custody.

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 has been established the father can request visitations, joint custody, full custody or the court will set up a schedule of regular child support payments for the child if she is to remain in the custody of her mother. The court will schedule a hearing and issue an order that is in the best interest of the child.

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Q: Does the father have legal rights to custody?
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Does the birth mother have to file for legal custody of her son in Virginia even if there is no legal father?

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If you marry your fiance who does not have legal custody of your son does your fiance have any legal rights toward him?

No. If the fiance is the natural father, then he does have rights to his son. Getting married doesn't give him legal rights to your child (assuming he is not the father). He must adopt in order to have legal rights.


Can a mother who has joint physical custody of her son pierce his ears without the consent of the father?

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Can you change your son's last name without his father's permission if you have sole custody and his father has NO partial custody or visitation rights?

Yes you can. The legal guardian decides.


What are an unwed mother's rights in Colorado?

You have full custody and legal guardianship. The father have to go to court to get his parental rights and petition for custody, visitation and pay child support.


How do you get my child back from the father if he has no legal rights?

If you have custody and the father keeps the child with him without your permission you can call the police for kidnapping.


Do you have full custody of your son if his father left?

It depends on your legal status before and after the father left. If you are married then he still has full parental rights until a court renders a custody order. If you have been divorced custody should have been addressed in the divorce decree. If you were never married and he has no previously established custodial rights then you have full legal custody.


Do you have to have full legal custody to sign over rights?

yes you do have to have full legal rights to sign over custody.


If the mother has sole physical custody and shares joint legal custody with the father the two never married if the mother dies can her husband who is not the baby's biological father assume custody?

No, unless the baby's biological father relenquishes his parental rights, he would get custody of the child if the mother dies, not her husband. The biological father must sign his rights away to the mother's husband.


Can the father get full custody of the child if she and the father are married?

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Who has legal custody rights until judges says different if the parents are not married he is on the birth certificate and is married to someone else?

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