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Yes, until the father has established his paternity and arranged 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, 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.

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12y ago
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12y ago

In the U.S. unwed mothers have sole legal and physical custody of a child until paternity is established, unless/until the court rules otherwise.

Before a father can file suit for visitation or custodial rights he must submit documentation to the court proving he is the biological father of the child in question.

Likewise, the biological mother cannot file suit for child support unless the father voluntarily accepts (via affidavit) parental financial obligation. If the alledged father refuses he must submit voluntarily or by order of the court to DNA paternity testing to establish his parental status.

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Q: Does an unwed mother have sole custody in Washington state?
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What are the rights regarding child's custody of an unwed mother?

It depends on what state you're in...


What are my rights as biological unwed father in Washington state?

You have just as many rights to the child as the mother does even if you are unwed. It is in your best interest to go through the court system and set up a custody agreement.


Does an unwed mother have sole custody?

Yes, the father have to go to court to get visitation or custody.


Can a 19 year old unwed father get custody from a 17 year old unwed mother?

Only if she is unfit or willing. Otherwise the most he can get is shared custody.


Can a unwed mother move out of the state of nc with out the biological fathers permission?

Yes she can. Unwed mothers assume an automatic temporary custody, until the case is decided by the court. The only way to stop her from moving is to file for custody ASAP. Once filed, the state has jurisdiction and she can't move.


What are the custody laws for unwed parents in TX?

Mother has assumed sole custody and control under all circumstances in every state except Arizona. see links below


Does an unwed mother have sole custody in Washington state even if the kids have been living with dad fro the last 1.5 years?

Yes. For the father to get legal custody he has to go to court and petition for it after he has proved paternity. If he has had the child for the past 18 months, this should not be a problem.


What are the rights of the unwed mother regarding chilren's custody in the Philippines?

Sole Custody until ruled on otherwise by the court.


What are your rights as biological unwed father in Wisconsin?

48.435  Custody of children. The mother of a non marital child has legal custody of the child unless the court grants legal custody to another person or transfers legal custody to an agency.This is outright gender based discrimination. The state of WI has decided that an unwed mother gets due process of law(kidnapping) but an unwed father doesn't.The 14th Amendment's equal protection clause states: "nor deny to any person within its jurisdiction the equal protection of the laws", which is exactly what this law does, denies unwed fathers.


Does the mother automatically get sole custody of child until court agreement?

If she is unwed, yes.


Does mother have full custody if baby born out of wedlock in Florida?

Under all circumstances, unwed mothers have sole custody and control by default in every state until ruled on otherwise by the court. see link


Will you get custody being an unwed mother when the father and you have a mutual notorized agreement for visitation and child support you are trying to move out of state what are your rights?

Single mothers have sole custody, however I teach fathers how to stop such moves.