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Yes. There is no legal relationship between the child and the man with whom the child is living.

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Q: Kid living w unwed father that never signed birth certificate or went to court w mom for custody so can the mother assume custody of child meaning take the kid back wo fathers consent when she wants?
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Fathers Custody Rights?

There are many misconceptions concerning child custody and fathers. Custody of a dependent child is an issue when parents separate or a child is born to a couple who is already separated. In the past, the common trend was for mothers to stay home and care for the children while the father worked. Divorce rates were lower and fathers who faced the issue could be sure they would not receive custody. During the past several decades, women have begun to enter the workplace in larger numbers and many fathers find themselves taking care of children also. Courts have adjusted their rulings to allow for these situations. Although common belief is that fathers do not have a chance of getting custody, even if they are the more suitable parent, they do have a good chance in today’s legal system. If a father is able to prove that the living condition he can offer the children is better, he will often be awarded custody. Children who are old enough to decide who they want to live with will usually be able to choose; more children are choosing to live with their fathers in several cases. Initial custody hearings generally do end with the mother gaining custody in most states. This ruling may be appealed and will require the help of a father’s rights attorney. Fathers should never believe that their case is hopeless; a father who is concerned about the well-being of their child should pursue custody. Even if sole custody is not sought, joint custody may also be granted. Some judges give an unfavorable ruling against a father initially. Appealing for joint custody instead of visitation will usually result in a positive change in the father’s favor. Courts look more favorably upon fathers who have an active interest in their children’s lives and show a desire to be a part of them. The worst possible thing a father wanting custody could do is to simply give up. With the help of a good father’s rights attorney and investment of time and effort, fathers may earn more custody or win sole custody of their children. In the eyes of the law, children who are not dependent upon their mothers, such as a breast-feeding infant, are eligible to fall in the custody of either parent. Legal proceedings and decisions must be fair and unbiased, meaning several court appearances may be necessary to win.


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