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If the mother is found by the court to be a more suitable guardian than the father, then yes, she can.

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Q: Can a mother get custody of her children even though she is married to another guy?
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In New Mexico who has custody of children if the parents are not married?

The mother assumes automatic custody, unless she is unfit.


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.


Can a mother get her children if the father has had them and refuses to let her see them but the parents were never married and there is no court matters dealing with custody?

Since there is no court order and you were never married it is the mother that have custody. He can be charged with kidnapping.


Can a legally married man have to pay child support?

If you are married to the mother, no. Then you share everything naturally. But if you have a child and you are separated or not married to the mother, and you do not have custody of the children, you have to pay child support


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.


Marriage when a mother has custody of adult but then adult get married who has custody wife or mother?

wife


How can you get custody of your children if the mother dies?

Can i get custody of two children i have cared for since their mother 1 yr ago children are not related to me


What should a married mother do if a married father takes her children?

See to that she gets temporary custody asap. They both have equal rights to the kids as long as they are married.


What rights does a mother have if custody hasn't been established?

If you are not married the custody automatically falls on the mother and the father have to go to court to get visitation or custody. If you are married you have equal rights.


Does the birth mother have automatic custody if she and father are married?

No, although most courts favor custody to the mother.


Do you have custody if children live with you?

Depends on the circumstances. If you are a single father, without court orders, the mother still has sole custody and control. If married, you have possession, however if you file for child support, you have a presumption of custody.


How can you best gain custody of your children who are currently living with their mother and the mother is a drug dealer?

How can you best gain custody of your children who are currently living with their mother and the mother is a drug dealer