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Yes. Parentage and custody are different things.

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โˆ™ 2010-12-01 18:11:53
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Q: Can an unmarried father be on a child's birth certificate and still not have custody?
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Who gets custody if the unmarried single mother dies and father is not named on birth certificate?

The father gets custody once proof of paternity is established


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.


Does the father have custody of a child if he does not sign the birth certificate?

No. An unmarried mother has legal custody of her child in the United States. An unmarried father must establish his paternity in court via a DNA test. Once established he can petition for custody and/or visitation. He will also be subject to a child support order if he mother is to retain physical custody.No. An unmarried mother has legal custody of her child in the United States. An unmarried father must establish his paternity in court via a DNA test. Once established he can petition for custody and/or visitation. He will also be subject to a child support order if he mother is to retain physical custody.No. An unmarried mother has legal custody of her child in the United States. An unmarried father must establish his paternity in court via a DNA test. Once established he can petition for custody and/or visitation. He will also be subject to a child support order if he mother is to retain physical custody.No. An unmarried mother has legal custody of her child in the United States. An unmarried father must establish his paternity in court via a DNA test. Once established he can petition for custody and/or visitation. He will also be subject to a child support order if he mother is to retain physical custody.


If no court order for custody has been granted and the parents are unmarried who has the custody of a child in Minnesota?

An unmarried mother has custody of her child until the father has established his paternity in court and requested joint custody.


Does a unwed mother have custody of a child if the father is on birth certificate?

Only if unmarried to the father. Single mothers have sole custody in 49 states by default. This is regardless of whether she's living with the father or not. yes but if theres no legal paperwork then its whoever is holding 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.


Who has custody when both of the parents names are on the birth certificate?

Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.


How do you gain custody over your child if the father does not sign the birth certificate?

If the father did not sign the birth certificate, then you already have sole custody.


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.


Does the father of the child get custody if his name is on the birth certificate?

If the parents are unmarried, simply being the name on the birth certificate doesn't bestow any custody rights. An unmarried father must establish his paternity in court 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 signs the birth certificate he may still need to establish paternity through DNA testing. If he doesn't sign the birth certificate then he must establish his paternity 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.


What if you're not the birth father but signed acknowledgement of paternity and she takes your son?

If you are unmarried you would need to establish your "paternity" in court before you have parental rights. An unmarried mother has legal custody of her child. She could have you ruled out as the father by requesting a DNA test through the courts. When you knowingly commit perjury on a birth certificate you create a difficult and messy situation for everyone involved. You should consult with an attorney.If you are unmarried you would need to establish your "paternity" in court before you have parental rights. An unmarried mother has legal custody of her child. She could have you ruled out as the father by requesting a DNA test through the courts. When you knowingly commit perjury on a birth certificate you create a difficult and messy situation for everyone involved. You should consult with an attorney.If you are unmarried you would need to establish your "paternity" in court before you have parental rights. An unmarried mother has legal custody of her child. She could have you ruled out as the father by requesting a DNA test through the courts. When you knowingly commit perjury on a birth certificate you create a difficult and messy situation for everyone involved. You should consult with an attorney.If you are unmarried you would need to establish your "paternity" in court before you have parental rights. An unmarried mother has legal custody of her child. She could have you ruled out as the father by requesting a DNA test through the courts. When you knowingly commit perjury on a birth certificate you create a difficult and messy situation for everyone involved. You should consult with an attorney.


Does the unmarried mother still have custody of a child if that child has the fathers last name?

If you live in the US... The child having the father's last name has NOTHING to do with custody. If Dad is listed on the birth certificate as the father, then both parents have equal custodial rights until a court declares otherwise--you need a custody order. If Dad is not listed on the birth certificate, it will be a simple thing for him to petition the court to establish paternity and once that's done he can then petition for custody/visitation.


Can an unmarried mother refuse to name the father on a birth certificate?

Yes the mother has the right to put the father on the birth certificate or not.


Does the birth mother have to file for legal custody of her son in Virginia even if there is no legal father?

No. If the mother is unmarried then she has legal custody of her child automatically. If the father wants parental rights he must establish his paternity in court.No. If the mother is unmarried then she has legal custody of her child automatically. If the father wants parental rights he must establish his paternity in court.No. If the mother is unmarried then she has legal custody of her child automatically. If the father wants parental rights he must establish his paternity in court.No. If the mother is unmarried then she has legal custody of her child automatically. If the father wants parental rights he must establish his paternity in court.


Who has custody if the father of your child and you never were married?

Generally in the United States an unmarried mother has sole custody until the father has established his paternity legally.


If the father does not sign the birth certificate what rights does he have?

If he can prove he's the father then he as a lot of rights. He doesn't have to sign the certificate. If the parents are unmarried he must establish his paternity legally, in court, and request custody or visitation rights. At that time the court can also issue a child support order.


Does an unmarried father have any custody rights in Ohio?

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.


Can an unmarried father with a prison record gain custody of children?

That is dependent on the circumstances.


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.


Do a mother have rights for full custody if the father sees his child sometimes?

If the parents are unmarried the mother has custody until a court has ruled otherwise. 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.


If a unmarried father is in the military and the mother is living with her parents and she has no job what are the chances that the father will get full custody of his child?

15% to


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.


Does a unwed mother have custody of a child if the father is on birth certificate in Ohio?

Yes, the birth certificate will not give him custody. The father have to prove paternity in court with a DNA test and he can then petition for visitation or custody. Then he can also pay child support.


How can an unmarried mother obtain authorization to take her young son overseas if she and the child's father have never been married or established custody and the father will not sign the forms?

If the father is named on the birth certificate then the mother will have to file a writ of habeas corpus to request sole custody of the child. The father will be notified of the action and will be given a chance to contest it. The court will then rule as to which parent should retain custody or if it should be shared and if the child can be taken outside of the country. If father is not named on the child's birth certificate all the mother must do is present the birth cerificate at the time she applies for a passport for the child.


What is an unmarried father's right to his child in Florida?

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.