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You are not married and there is no court order of custody. What can you do if the other parent takes your child?
Wiki User
∙ 11y ago
An unmarried father has no right to keep the child from her mother unless there is a court order to that effect. He has no personal legal authority to keep the child. In the absence of any order, if he takes the child and fails to return the child to the mother she should call the police.
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 is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.
Wiki User
∙ 11y ago
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Who has custody of a child if the parent have never married in the state of massachussetTS?
The mother. The father have to petition the court for shared custody.
Does a father have to return tha child to mother if there is no court order in California?
Unless they are married or he has custody he has to return the child or it will be kidnapping. If you are not married and you have not established paternity yet or have not petitioned for visitation or custody she does not have to let you see the child. When not married she automatically get custody since there is proof she is the parent.
Does a mother have custody before the case goes to trial if she never married the father?
: No she does not. : Until you go to court the parent who is in possession of the child has custody.
Can a father take his child out of the country after mothers death?
If they were married yes but if not married and she was the custodial parent he have to go to court and get custody first.
Who has custody if the child lives with you full time in pa?
And you are? If the parents were not married the mother has custody until the father can petition for it after he has proved paternity in court. If married you have equal custody. Just living with you does not give you custody. it has to go through court.
What rights does the non custodial parent with joint custody have if refusing to give child back?
Generally, only under circumstances in which there is clear evidence that the child is in an unsafe environment, and has been reported as such. And in that case the parent must file for an emergency order with the court of jurisdiction. It will be followed up by a full hearing within a couple of weeks.
Is it legal to keep a child from a parent in custody battle?
It all depends on what the court has already established. If no custody is established and the parents are married, joint custody is assumed. If there is not a very good reason for keeping the child away from the other parent it could make you look very bad when it does come to court.
If one parent has full custody of a child and that parent dies will the living parent get the child?
Yes, unless the living parent has a court order not allowing them to be with the child in that case the child would go to the next relative that is willing to take the child. The surviving parent will still have to go to court to have the custody awarded to him/her. After all, the court felt there was a good reason that the full custody award was rendered in the first place.
Can a relative file a child support for the absence of the mother?
The person who files for child support must have legal custody. If not the parent they must be a court appointed guardian.The person who files for child support must have legal custody. If not the parent they must be a court appointed guardian.The person who files for child support must have legal custody. If not the parent they must be a court appointed guardian.The person who files for child support must have legal custody. If not the parent they must be a court appointed guardian.
Can a father keep a child from a mother if there is no court order?
Neither parent should keep a child away from the other parent if there is no good reason. A good reason would be abuse, neglect, drug abuse, etc... If there are problems with custody and there are not court custody papers, there needs to be. Go to the court house and have the process started. Without these papers, either parent could keep the child (as long as the father is proven to be the father or his name is on the birth certificate) and it is not kidnapping. There is not court order preventing it. Also remember that the mother does not always automatically get full physical custody. The court looks at what is best for the child, not the parents.
Can a parent get custody of the child if the other parent is in the process of getting own place?
Temporary custody yes, if the other parent, who's moving, has been granted permanent custody but has no place to live at the moment. If you are married and can't agree on custody you have to go to court and let the judge decide.
If neither parent has custody can you keep the child in NY?
With the court's permission, if the parents are not married. Single fathers have no assumed rights to a child. Married parents have equal rights to the child until otherwise ruled on.
