Except in Arizona, the mother has sole custody and the father has to apply for his rights through the courts.
If the mother is found by the court to be a more suitable guardian than the father, then yes, she can.
He would have to petition the court. Unless the mother is unfit though he will get shared custody.
yes,he can even get full custody if you can be proven unfit.
You would need the signature of the person who has custody of you at the time.
That does not mean you have full custody. Even though the father is not around you should still go for full custody. Theres always that chance the father could back around and that child is not with you he has just as much right to that child as you do.
Boyfriend or husband (unless he is the biological father) has no legal right to the child at all. The mother can try to go for full custody though.
I believe it would probably be labelled as custodial interference if both parents have custody of the child. It's usually only kidnapping if someone without custody of the child takes them, though different states and judicial systems will all make their own decisions.
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 can take the child away from him at any time. see links below.
If paternity has not been established, then you would have to do that first. Once paternity is established, then you have to right to petition for custody.
If you choose to let her.
Here are a couple of ifs: Not married you have no rights. - You would have to file court docs requesting a paternity test if she will not do it herself. Not married but you are on the birth certificate. - You are automatically viewed and recognized as the father. If you disagree, you can ask for a paternity test. If you do agree you already have rights and can file court docs requesting visitation and joint custody with the mom. Married - On the birth certificate or not....whether you are the father or not - you are automatically viewed in the eyes of the court as the father. Case in point: Michael Jackson, married to his two oldest kids mom, even though he is not the father he is viewed as the father as he was married to the mom during preg and when she had the babies. He automatically has parental rights.
If you're married, than no, but if you are single, than yes. Even if married, there are few option, except through the courts, to enforce it and the same methods used by the single father would apply. see link below
You do not express of what? If he has joint custody of his children, as a stepparent, you carry some consideration for similar access rights in his absence, such as on extended military deployment. It is best though to clarify this in a modification.
if you are married to your partner you become the step mother or father. Talk to your partner about this
From what I understand the mother does, but our lawyer still told us that my daughter who had my grandson and is unmarried needed to have custody papers (about $350) drawn up anyway in case the father decided to try to get him. This way if the father had the child for the weekend or supposedly just took him she would have legal papers filed at the courthouse and the lawyer's office to prove everything and could get the police to bring the child back. The lawyer told us that even though they are NOT married the father can't be made to bring the child back because the child is his also. So, having the custody papers done is a good thing even if the father is not in the picture. It's for the child welfare.Generally: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.
Though properly this should be a restriction in the orders applying to both parents, no. The best way to address this is bird nest custody. see links
If you were not married when the child was born you have to prove paternity in court by a DNA test and if she refuses you can get a court ordered one. Then you can petition for custody, visitation and pay child support. Unless the mother is unfit they will not give you full custody though.
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.
Yes, I teach fathers how, though I endorse bird nest custody.AnswerAs long as you can prove you are the father the name makes no difference. There must be a record of your child support payments.The father must prove to the court that he would make a better parent if he wants to remove the child from his mother's custody. It will be up to the court to decide after hearing testimony, considering evidence and reviewing reports.
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.
He can file for custody after the child is born but the custody will be on him and not the girlfriend. Unless you are a unfit mother the court will probably not grant him the main part of the custody though and you will share custody so the child will have both parents. If you have split up it is only naturally the other spouse will be in the child's life as well and the other parent can not do anything about that unless someone is bad for the child.
You are going to probably have to hire a lawyer that deals with child custody cases. He will help you find a way to make it look as though you are the more stable parent or gaurdian. This is gonna get messy though. My sister fought this forever with her ex.
if its taken to court and the mother has a clean record she will most likely get custody of the child and if the father does not pay child support he has no rights at all..(im going though this same thing in court) about the only way he can is if he proves that the mother is unfit
Probably not. He was married and was confirmed the father four children out of wedlock, though there were probably more.