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Can a father file for custody if paternity has not been proven?
Wiki User
∙ 14y ago
No, paternity needs to be established, even of it requires a court order. It can be done in utero, and under limited circumstances, a custody challenge filed in the state where conception took place. see links
Wiki User
∙ 14y ago
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In Texas Does unwed mothers have sole custody if father is in jail?
It depends on whether the case has ever been adjudicated in family court. If paternity has never been established the mother has sole custody. If paternity was established and the father was granted joint custody or visitation rights then those orders stand until they have been modified by the court.It depends on whether the case has ever been adjudicated in family court. If paternity has never been established the mother has sole custody. If paternity was established and the father was granted joint custody or visitation rights then those orders stand until they have been modified by the court.It depends on whether the case has ever been adjudicated in family court. If paternity has never been established the mother has sole custody. If paternity was established and the father was granted joint custody or visitation rights then those orders stand until they have been modified by the court.It depends on whether the case has ever been adjudicated in family court. If paternity has never been established the mother has sole custody. If paternity was established and the father was granted joint custody or visitation rights then those orders stand until they have been modified by the court.
Adding fathers name to a birth certificate?
Assuming this father is unmarried, he has the right to establish his paternity legally through the family court. Once his paternity has been established he can request joint custody and/or a visitation schedule and pay child support if the child is to remain in the physical custody of the mother.
What legal recourse does a biological father have when the mother is married and denies any responsibility cause she can and he wants custody Paternity has been proven Family Law Lawyers only please?
see links below
What happens if a child's mother dies but she was not married to the father?
If paternity has been legally established, the father could petition for custody/ guardianship.
Does Maryland automatically grant an unwed mother sole custody?
Yes. There really is no "grant". The mother of a child can always be determined since she gave birth. An unmarried mother has sole custody of her child until the father can establish his paternity legally. Once his paternity has been established he can request custody, a visitation schedule and child support will be addressed.Yes. There really is no "grant". The mother of a child can always be determined since she gave birth. An unmarried mother has sole custody of her child until the father can establish his paternity legally. Once his paternity has been established he can request custody, a visitation schedule and child support will be addressed.Yes. There really is no "grant". The mother of a child can always be determined since she gave birth. An unmarried mother has sole custody of her child until the father can establish his paternity legally. Once his paternity has been established he can request custody, a visitation schedule and child support will be addressed.Yes. There really is no "grant". The mother of a child can always be determined since she gave birth. An unmarried mother has sole custody of her child until the father can establish his paternity legally. Once his paternity has been established he can request custody, a visitation schedule and child support will be addressed.
If no court order for custody has been granted and the parents are unmarried who has the custody of a child in Oklahoma?
When the issue pertains to unmarried couples the law presumes the mother to have full legal custody of the child(ren). The father must establish paternity before custody, child support or visitation rights can be addressed by the court.
Who has physical custody when no paternity has been established?
The mother
Does the father have legal rights to custody?
Yes, a father has legal rights to custody. He may need to establish that he truly is the father of the child, by getting a paternity test. An unmarried father must establish his paternity and arrange 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, joint custody, full 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. The court will schedule a hearing and issue an order that is in the best interest of the child.
What rights does an unwed father have regarding custody of a newborn in the state of Indiana?
The father may establish paternity his paternity through a paternity affidavit that must be filed with the state Department of health within 72 hours of the birth. Otherwise the general means by which an unwed father can petition for custody is as follows. Remember that in order to obtain legal and physical custody he must show that custody in the mother would not be in the best interest of the child. An unmarried father must establish his paternity and arrange for a custody hearing if he wants custody. Generally, if the parents are unmarried the mother has sole custody and control in every state 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, joint custody or full custody. If the father desires a visitation schedule he can request that the court issue a visitation schedule. The court will also issue a child support order if the child is to remain in the custody of her mother. The court will schedule a hearing and issue orders that are in the best interest of the child.
What rights do you as a father have?
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 joint 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.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 joint 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.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 joint 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.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 joint 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.
Does a father have to return his child to the mother if there is no court order in Illinois?
If married, No. As for single fathers, they have no legal rights to the children until their paternity has been established, of course. 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 can establish his paternity 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.
If the father's name is not listed on the birth certificate but the child has his last name what are the rights of the father?
Yes, if he can establish his paternity legally through a DNA test. Once his paternity is established he can petition for visitation or custody and if the mother retains custody she can request a child support order. A father's parental rights do not depend on the name of the child only on the biological relationship.
