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Can a man who is not the birth father get custody of a child in a divorce proceeding?
Wiki User
∙ 11y ago
Yes, but only under extraordinary circumstances. For example, if the mother is deemed unfit, the biological father is not in the picture and the man gets custody of other children of the marriage with whom the child has a bond.
Wiki User
∙ 11y ago
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What custody do a father have in Georgia not married?
If a child is born out of wedlock in Georgia, the father must file a petition seeking legitimation through the courts to become the legal father. Putting a name on a birth certificate is not sufficient. In the legitimation proceeding, the court has the authority to make custody determinations. If the father has not filed for legitimation, he is a legal stranger to the child, and has no rights to custody.
Who has custody rights minor birth mom or legal adult birth father?
Single mother has sole control and custody, regardless of age, at the time of the birth. Father has a child support obligation, only.
How can a father get custody of his children from there birth mother?
A father can get custody of the children if it can be demonstrated that that is in the best interest of the child. The father being the primary caregiver would help.
Does the birth mother have automatic custody if she and father are married?
No, although most courts favor custody to the mother.
Florida wife pregnant 4 months when found out she was pregnant kicked you out and asked for divorce How does law work in this matter as far as custody?
Im not sure about Florida, but here in New Zealand, the father has many rights. you cant do anything about the Divorce, but you should make sure you are on the birth certificate after the birth. once the baby is born you will need to work out custody, which will need to go through the courts unless you can arrange something privately. you will need to talk to a solicitor in regards to the divorce if needed, so you should be able to ask them about the custody issue also. goodluck
Will there be a custody issue at time of divorce or at the birth of the child when you are pregnant in North Dakota?
Usually, in MOST states, custody is not decided until birth due to fact that baby is not considered legal until born.
If an unmarried couple in Wisconsin gave children the father's last name who has custody of those children?
That depends on local law but unless the father is registered as being a parent on the child's birth certificate, the custody is with the birth mother and the father has no or few rites. Also in a dispute, the courts will normally give custody to the birth mother unless there are clear overriding reasons, in the interest of the child, why this would not be appropriate.
Who has legal custody of minor child in FL when parents never married but father signed birth certificate how does minor change his name when one parent contests it?
The mother has legal custody from birth if never married. The father have to go to court to get his parental rights and prove paternity so he can seek visitation, custody and pay child support. The mother is in this case the one who decides what name the child will have since she is the guardian.If the custody is not with father, then after getting the custody , they may change the name.
If you are divorcing and the father's name is not on your child's birth certificate and you are planning on marrying a Marine can you move out of Missouri to California with the child?
If the court has not issued a custody or restraining order, the law assumes that either parent retains full custody rights, therefore, you may move with the child wherever you so choose. However, the biological father can file a petition to stop the move, until the divorce is final and custody has been granted to one or both parents. Since the husband's/father's name is not on the birth certificate depending upon state laws, the father may need to establish paternity before such an order could be granted.
Can birth mom who has had parental rights removed give full custody of newborn to father?
She will not have any custody to give since she no longer have parental rights. The father have to go to court to petition for custody as soon as he has established paternity through a DNA test.
What is mothers custody rights when unmarried in Texas and father lives in Florida?
Sole even if he was still shacking up with you
Who gets custody of a minor child in Louisiana if the parents never marry?
The mother automatically have custody from birth and the father can petition for custody, visitation and also pay child support after he has proved paternity in court by providing a DNA test. As long as the mother is fit he will get shared custody at the most.
