Can a Father win custody even if mother is not unfit?
In most cases the father can get custody of the child if the mother is unfit. The courts want the child to be in the custody of the parent who can provide a safe and nurturing life for the child. It is best to seek the legal assistance of a lawyer for custody issues.
NO, HE WOULD FIRST HAVE TO ESTABLISH PATERNITY AND PROVEN TO BE THE FATHER. THEN HE WOULD HAVE TO PROVE THE MOTHER WAS UNFIT TO KEEP THE CHILD.
Can your daughter's father get joint custody of her even though he is not a citizen and he is here illegally?
yes,he can even get full custody if you can be proven unfit.
Man signed birth certificate that's not the father there is a bio father and the child is not living with the mother which is unfit so does the bio father have full custody?
No, as he has no legal rights to the child even if he sign the certificate himself. You will need to file for custody. see links below.
Does birth mother have sold custody of child if she is not married to father but father of baby is on birth certificate and living with her in Arizona?
No she cant be the mother or have custody for a child she dont even own
As long as the father is a good father, he will have the same rights as the mother. You may be even able to get 50% custody of the child.
You didn't say if the girl was the mother. Here are some factors: * If the girl is the mother and there is a good reason (drugs, criminal record, abuse, lack of support payments or, the father of the child refuses to see the child) making the father unfit, then yes, she can go to Children's Aid or a lawyer and gain sole custody of the child. Generally the mother will win in this case… Read More
mother has sole custody even if living with father
Does the birth mother have to file for legal custody of her son in Virginia even if there is no legal father?
No. If the mother is unmarried then she has legal custody of her child automatically. If the father wants parental rights he must establish his paternity in court. No. If the mother is unmarried then she has legal custody of her child automatically. If the father wants parental rights he must establish his paternity in court. No. If the mother is unmarried then she has legal custody of her child automatically. If the father wants… Read More
Yes if the court find him fit. It can also be that there are people seeking custody that are related to the child and that the child knows and some times they can have a chance too.
Does the birth mother have sole custody of her child if she is not married to its father but the father of the baby is not on the birth certificate?
Even if the father's name is on the birth certificate, and is living with the mother, except in Arizona.
Does the mother get sole custody of children if never married to the father if they split up even though he is on one of the six kids birth certificate by Michigan law?
Except in Arizona, the mother has sole custody and the father has to apply for his rights through the courts.
If the grandparents do not have legal permanent custody and the mother has proof she is the child's legal custodian, even if she has been absent in the child's life--yes, they can. If you believe the mother is unfit to care for the child or you have had physical custody for a long period of time with little or no contact from the mother, you can file an emergency appeal for custody with the courts… Read More
Can the father get custody if mother leaves to go to another state to work and father keeps child even if they arent married and he is still paying child support?
Yes. He would have to petition the court for custody.
If the father no longer has custody does he still have to pay child support in the state of Virginia?
Yes, even if the mother never did.
If the mother is found by the court to be a more suitable guardian than the father, then yes, she can.
If the mother of baby does not want father girlfriend to be involved can mother of baby perfent that?
Not really if father has joint custody - you cannot dictate how he spends time with the child and who he introduces into child's life. The mother can actually refuse to put the fathers name on the birth certificate and the only way he can get it added is with a paternity test. Those take quite a while and cost $$$$$. So until the results come back which could take over a year, he has… Read More
As compared to what? Is the mother a child abuser? It depends on the circumstances.
A biological father has the right to sue for sole custody, shared custody, or visiting rights to the child; even if he was never married to the mother. He may have to have genetic testing done to prove he is the father if this is at issue.
If your father is deceased and your mother is mentally unstable can you live with a non-blood relative at 15 in Missouri?
This relative would have to petition the court for custody/guardianship. Of course, they would have to prove to the court that the mother is mentally unstable/unfit. And, even if that is proven, it's not an automatic guarantee that the court would award custody/guardianship to the relative. The court does have the option of placing the minor under state care. If you are in an unsafe environment, then call the authorities!
If you live in the US... Once paternity is legally established, he has the obligation of paying child support and the right to petition for visitation and even custody (although, frankly unless Mom's unfit, it's unlikely he'll be successful in a custody case).
Can a mother stop a father seeing his child if they are separated but have no formal visitation agreement?
Not in Canada! I know this from experience. Even if proven an unfit parent, can't stop them!
If a 17 year old is leaving with their father who does not have legal custody can the mother give them permission to live somewhere else?
It depends on what state you are in and if your mother has legal custody. In many states, she can assign a temporary guardian for the few months left until you turn 18. However, if your father objects to this, even without custody, it can still lead to complications.
Can a child choose to live with a grandparent in Texas even if the father also wants custody and is not unfit?
In Texas, if a child is 14 or older, he/she can choose to live with a grandparent as long as permission is given by the custodial parent.
If a mother has legal and physical custody of a child and if she dies and leaves her child to her mother in her will can the child's father obtain custody of the baby or will her mother?
United States State laws vary widely in the United States but in almost every state the biological parent has sole rights to custody of the child. If a custodial parent dies the surviving natural parent will normally be granted custody of the child unless they have already been deemed an unfit parent. If the grandparents want custody they would need to prove in court that the surviving biological parent was unfit to take proper care… Read More
She needs to consult with an attorney. Both parents would need to consent to a guardianship with the grandmother as guardian. If the mother doesn't want custody then the father would be the one with legal standing for sole custody. She needs to consult with an attorney. Both parents would need to consent to a guardianship with the grandmother as guardian. If the mother doesn't want custody then the father would be the one with… Read More
There is no such provision for 49 states. In some states, a mother is presumed to have sole custody if no father is named on the birth certificate, in other states, a mother is presumed to have initial custody under the same circumstances, other states presume joint custody even if no father is named (someone had to do it, right?) and some states have no presumption of custody at all. For the law in each… Read More
Ultimately, this is a decision of the court. The father still has to make a showing that he can provide a good home life, otherwise the state will take custody. Even in these circumstances, the father must prep the case. see links
Can a 16 year old father file for legal custody of his child in Ohio- The mother is also a minor or would the grandmother have to apply for custody of her grandchild?
The father can file for it himself. It's every parents right even if they are minors.
When two parents split up but were never married what type of custody does the mother have by default if the father has a visitation order and pays child support?
It's all up to the courts to decide. A mother can request full sole legal custody of the child even if the father has visitation rights and pays child support. The mother does need to prove to the courts why full sole legal custody is in the child's best interest.
If the mother and father are not married but the father's name is on the birth certificate can the father take off with the child?
NO. An unmarried mother has sole legal custody of her child in most jurisdictions. Unmarried fathers must establish their paternity legally and then petition the court for a custody or visitation order. Even after establishing paternity an unmarried father cannot just take the child. If he does, the mother should call the police immediately.
Even though the mother is underage she still has custody of her child as long as she does not do something to get custody taken away from her
Is it a want or a need?? There may be extenuating circumstances and you need to talk to your dad about it. However, you should note that you have just a couple of years until you are out of high school and the stability of staying where you are may be beneficial. It appears that you are in a situation where your father will not permit you to live with your mother for whatever reason… Read More
Can a mother be charged with parental kidnapping if she takes her child out of state and she was never married to the father?
Yes, if: - The father retains sole physical custody of the child, the mother has visitation rights and took the child out-of-state during a time she did NOT have visitation with the child; OR - The father retains sole physical custody of the child, the mother has absolutely no parental rights to the child and took the child out-of-state at any time. No, if: - There is a custody arrangement in place, whether as a… Read More
Generally, in the United States, biological parents are always favored for custody even if the parents were not married. Unless the father is deemed unfit the court will favor him for full custody if he wants full custody.The court would require the father's consent to the appointment of the grandmother as legal guardian. If the father refuses to consent and requests custody then she must petition the probate court for guardianship. She must provide compelling… Read More
If this refers to the unborn child the laws of the state where the child is born would apply. Generally the unmarried mother regardless of her age has full automatic custody of the child except under extraordinary circumstances. If the mother is unmarried and the father wishes to share custody he must first establish paternity (usually through DNA testing), even though he claims to be the father.
Once the father's paternity has been established in court she has to be able to prove he is unfit or the court will allow him his rights. If she refuses even though there is a visitation order she would be in contempt of a court order and could eventually lose custody if she continues to interfere with his visits.
If no custody agreement who has custody of child in Missouri mother is Mexican citizen with resident visa father is American. son born in us lived in Mexico for first three years and us last 3 years?
If not married, the mother always has sole custody, even without an order. see links below
Filing for child support has no bearing on the issue of custody. Custody is decided on the basis of the welfare of the child. To get custody of a child, the father would have to demonstrate that he would do a better job as parent. I will add that even if you do need financial assistance, that does not in any way suggest that you are not a good mother. Those are separate issues.
Generally yes, even if he never got any. Only 7 out of 1000 fathers do.
If your boyfriend leaves you two months before the baby is born how do you make sure you have full custody?
Unless your boyfriend signs over all of his rights as the father of your child (even if he didn't sign the birth certificate), he still has rights to the child. My boyfriend left me at the beginning of my pregnancy. I had my son and filed for child support. My ex-boyfriend had to take a paternity test or sign an affidavit that he was the father. He did sign that he was the father and… Read More
If a woman marries a man with children does it make her a legal guardian for the children even if the mother is still living and the mother and father have shared custody?
Not without a Power of Attorney see link for useful info
If a mother gets her child taken from drug abuse. What rights does the father have if he does not live with her and no custody is court ordered?
Even with a custody award, if the child is in state care, his chances are 15% in getting the child. see links below
Would have to get permission from the court that settled the custody and visitation in the first place.
What rights does a single mother have when she doesn't want the father involved in the child's life when he is a bad infulence?
If the father wants to be involved in the child's life, the mother cannot legally stop him on her own. Only a judge may determine if the father is unfit to be a parent, but even then the court may still order visitations. If you believe that the child is in immediate danger from the father, call the police.
Or any single father in 49 states, regardless of their age, or even if they are living together. see link
Does the father have custody of he child even though the child lives with him but both the parents were never married. Can the father come after the mother for full custody.?
With no courts orders in place, the father has no legal right to have the child living with him. The mother has sole custody and control in all states, and he can still be obligated to pay support for this time period. He needs to immediately file a motion with the court to establish his rights and for at least temporary custody, pending a full hearing, before she gets wind of the fact that she… Read More
It depends on marital status, whether there are any outstanding court orders, and if not married whether the father ever established his paternity. It is a complicated situation. Even if the father has not established his paternity he could request a restraining order to prevent the mother from leaving until he does. Then he can request custody and/or a visitation order. Even if the mother has custody she cannot interfere with the father's visitation rights… Read More
An ex-wife disappeared for 5 years and suddenly decided to show up one weekend for her visitation rights. Does the father have to force the child to go even though the child doesn't know her?
No. That would be unfair and extremely stressful for your child. However, the father should visit the family court with jurisdiction over the case on Monday morning and ask to speak with an advocate. He can request an emergency temporary order regarding the visitations. Later, the visitation order and custody order must be modified and a plan to reacquaint the child and mother should be devised unless the mother is unfit. If possible, the father… Read More
If you are a single mother, and there are no court orders in place, you already have sole custody. Otherwise, yes. Under the Violence Against Women Act, a judge is not allowed to even consider the validity of a claim of domestic violence in deciding custody.
If a couple has joint legal custody and the mother will not provide the father with medical information what are the fathers rights?
A father has the legal right to have or see any medical records on his child even if he does not have custody.The father can obtain the medical information from the doctor without any problems.