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If you are married you both have equal rights so the answer depends on the circumstances. If you plan to remain married there must be special circumstances for the court to award sole custody of your child to you. The mother would need to be deemed unfit. The factors used to determine that a parent is unfit are generally governed by state laws with child endangerment being the determining factor. There are several that could be present within an intact family. The following include some of the reasons a parent may be declared unfit:
- physical, emotional and sexual abuse
- excessive discipline
- failure to protect the child from abuse by others
- failure to report abuse of the child
- neglect- failure to provide food, clothing, proper hygiene, necessary medical treatment, schooling
- failure to provide proper medical care
- failure to provide day to day parental care
- serious illness or disability
- mental illness
- substance abuse or addiction
- Alcoholism
- criminal activity and/or associations
- incarceration
- conduct or conditions that are seriously detrimental to the child
- abandonment
- child endangerment
- leaving the child unattended or in the care and supervision of a child or otherwise incompetent person
- a failure to provide adequate supervision
- unsafe living conditions
- a medical condition that makes it impossible for the parent to adequately care for the child
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∙ 11y ago
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How do you I file for sole custody of your son when you are not married to his father?
Generally, as an unmarried mother you already have sole custody of your child under the law in every state. The father must establish his paternity in court in order to obtain shared custody and visitation rights. Until he does, you have sole legal custody.
Your mother has full custody. Would your father have to consent for you to get married?
No. If your mother has sole legal custody she can consent to your getting married.
Is sole custody given to the mother by South Dakota law if she and the father were never married?
In 49 states the mother has sole custody and control.
If you were never married to your child's father and you have sole legal and physical custody who gets custody if you die?
The childs' father, married or not. Your relationship to the father is irrelevent. The father is the first on a long list of family members. Create a living will if that is not acceptable.
Who has legal custody of a minor child when parents never married in the state of co?
mother has sole custody even if living with father
If my son's biological father has not seen him talked to him or paid child support in 9 years can I file abandonment get sole custody and have his father's name removed from the Birth Cert?
If no orders are established and you were not married to him, you already have sole custody.
Can a mother who has joint physical custody of her son pierce his ears without the consent of the father?
If the father has legal custody, no. Not without his consent. If she has joint legal custody, no. Not without his consent. If she has sole legal custody, yes.If the father has legal custody, no. Not without his consent. If she has joint legal custody, no. Not without his consent. If she has sole legal custody, yes.If the father has legal custody, no. Not without his consent. If she has joint legal custody, no. Not without his consent. If she has sole legal custody, yes.If the father has legal custody, no. Not without his consent. If she has joint legal custody, no. Not without his consent. If she has sole legal custody, yes.
Can a father just take a baby from the mother if they were never married without establishing custody first in Missouri?
No. The unmarried mother has sole custody until the father has established his paternity legally, in court and then requested (and obtained) joint custody and visitations.No. The unmarried mother has sole custody until the father has established his paternity legally, in court and then requested (and obtained) joint custody and visitations.No. The unmarried mother has sole custody until the father has established his paternity legally, in court and then requested (and obtained) joint custody and visitations.No. The unmarried mother has sole custody until the father has established his paternity legally, in court and then requested (and obtained) joint custody and visitations.
Would a mother have have full custody if her and her son's father were never married in Michigan?
Sole Custody until ruled on otherwise. The Glass Ceiling for fathers.
Can a mother obtain Legal custody of her child if the father has been deported?
Yes. She should visit the local family court and file a petition for sole legal custody.
What custody rights does a father and a husband have to his children after a year of no contact with the children?
Generally, if married he has custody rights equal to the mother unless she has brought a petition for sole custody in his absence. If he is not married his custody rights must be established by a court order.
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.
