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Answered 2007-10-05 15:03:55
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.
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Related Questions
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 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
Do you have to put your husband on a birth certificate even if he is not the father?
No, you put the father on the birth certificate! Then it wouldn't be a birth certificate!
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.
Can single mother leave custody of child to another family member in her will if father is not on birth certificate even if paternity is proved?
maybe
Are you allowed to take your child out of the country without telling the father even if his names on the birth certificate?
Not if he has visitation rights or shared custody.
Can you put your child's father name on the birth certificate even if you are not married to that person or does he have to sign the birth certificate?
The father must sign to add his name to the birth certificate.
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.
Does Father payments if name not on birth certificate?
It is possible to legally establish paternity even if the father's name is not on the birth certificate.
Is it legal to take a child out of state if father is on birth certificate?
Even if no custody and access orders are in place, the father has up to six months to file an injunction ordering the return of the child to the jurisdiction of the court.
Does a father have to pay child support even tho he is not the biological father and signed the birth certificate?
When he signed the birth certificate he became the father until/unless the courts rule otherwise.
Can you list the father on the birth certificate even if he denies paternity?
You can list anyone you want on the birth certificate. Its up to the court an a paternity test to decide who really is the father.
Does the father have to be there at birth for his name to be on the birth certificate?
No. The parents supply the information that will comprise the birth record. The father can sign it even if he wasn't present at the birth.
Does an unwed mother have sole custody in Washington state even if the father signed the birth certificate?
Yes, until the father has established his paternity andarranged 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 by the means mentioned above the father can request visitations, 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 unwed mother automatically have sole custody in Ohio even though father is on birth ceriicate?
Yes. He has to go to court to get his parental rights and prove it by a DNA test. Then he can apply for visitation, custody and pay child support. The birth certificate is not enough since no DNA test is required.
Do the mother automatically have custody of the child?
The law may vary from state to state and country to country. Generally, in the United States, both parents, if another parent is listed on the birth certificate or otherwise legally indicated as the father, are endowed with joint rights and custody until an agreement is hammered out in court. If no father is indicated, again, that depends on state law. Some states, like Oklahoma and Massachusetts, it is presumed that the mother has sole custody in cases where the parents were unmarried at the time of the child's birth and no father is on the birth certificate. However, in other states, like Michigan, it is presumed that an unwed mother only has initial custody, as opposed to sole custody, even when the father is not on the birth certificate and has never signed a formal acknowledgment of parentage. And other states no presumption of custody is made at all and it is up to the courts to determine it. Since you didn't provide your location, an accurate answer cannot be given.
If not married does the father have to be present to be on birth certificate and can baby have fathers last name?
No, mothers frequently put the name of a father, even when he not the father, on the birth certificate, often without him knowing he has a child. See related link
Does the father have rights even if he doesn't sign the birth certificate?
Yes, he has rights AND responsibilities.
If your ex bf broke up and you found out you were pregnant he sends threatening messages can you get full custody and not have him on the birth certificate?
Don't need to, you have sole custody even if he was the perfect man. It's a glass ceiling thing, only the father is in the subbasement with no stairs to climb.
What are the 49 states unmarried mothers have sole custody?
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 state, you will have to do your own homework on that.
If your boyfriend didn't sign the birth certificate what rights do he have?
none even if he did He must have rights as a father. The CHILD have the right to his father.
Will your name still go on the birth certificate of your wifes baby even if the biological father is there to sign?
no
Can you get the father of your child for child support even though your husband signed the birth certificate?
Unlikely. Your husband is the legal father of the child.
If an unmarried father wants nothing to do with his child does the unmarried mother automatically get full custody of the child?
If the father's name is on the birth certificate, the mother must petition the court for full custody rights. If the petition is granted, it still will not relieve the father of his financial obligations. Even if the father's name is not on the birth certificate, it will not prevent him from taking action for cutodial rights in the future. If he has not shown an inclination to be involved in the child's life, or supported the child financially, the court would give little creedence to such a request.
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.
