0
Your biological sons are with a non biological father you were never married and there was never any custody battle but he is refuseing to give you your children can he do that?
Wiki User
∙ 14y ago
Most likely not. If the mother had sole legal and physical custody and had the "step father" adopt the children without your knowledge - the adoption would be voidable. If he is illegally holding the children against your or their will, that is considered kidnapping in many states. Get the state involved.
Wiki User
∙ 14y ago
Add your answer:
Earn +20 pts
If a guardian won't sign for one person to get married can a biological father sign for an underage child to get married?
If the biological father does not have have legal custody, then, no, he can't.
What custody rights does a father and a husband have to his children after a year of no contact with the children?
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.
Do step parents have legal rights to their step kids if the biological parent is unfit to take care of the kids?
Yes and no. If the biological parent is proven unfit to care for they're children then the step parent has the right to APPLY for custody of his/her step children. Keep in mind that being married to the biological parent doesn't automatically make them the parent of the children nor does it make them they're legal guardian so there are no guarantees that the step parent will be given custody. If the children are happy with the step parent and no one in the biological parents family protest the application and the step parent is proven fit to care for the child(ren) then most usually the courts will award the step parent 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.
Married parents and their biological children?
Nuclear family
In New Mexico who has custody of children if the parents are not married?
The mother assumes automatic custody, unless she is unfit.
Is there a difference in a parent who has custody of the children but not married vs the parent that does not have custody and is getting married and is fighting for custody of the children?
Being married or unmarried is not much of a determining factor when it comes to custody nowadays. In order to have custody changed you would need to prove that either your household and parenting abilities are substantially better than the other parent, or that their situation is detrimental to the children. Having a spouse does not necessarily mean that you are better able to care for the children, especially if the other parent has had custody for a significant length of time without the children having any problems in a single parent household.
How can you get custody for your daughter if her mother is married?
You have to be established, legally, as her biological father so if you have not done that do that first. Have DNA tests done if needed. Then you can apply for custody or visitation rights.
Can a father take a child out of state if the parents are not married and there is no custody appointed?
Not without the permission of the child's biological mother. When a couple are not married and there is not a custodial order from the court, the law presumes that the mother has sole custody of the child in question.
Is Vanna White married to the children's father?
yes, Vanna White was awarded custody of both children
You are a father who has custody of your two small girls you are not married to your fiance yet but your ex wife is getting married is trying to regain custody of your children What are her chances on?
see your other question
Is the married separated mother or biological fathers stepsister who has temporary custody for the past two months most likely to get custody of the 7 month old baby?
Unless the mother is unfit she will get the baby.
