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Generally, if the parents are unmarried, the mother has sole custody until the father establishes his paternity legally. Until then she can refuse visitation. However, when the father's paternity has been established he can request custody and/or a visitation schedule. He will also need to pay child support if the mother retains physical custody.


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11y ago
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13y ago

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 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.

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13y ago

No, only if he is found a unfit father. The mother of the child has to decide that and also be ready to possibly fight it in court if he is not suitable. Social workers can have a say also. But really think about it; what ever the reason is for you not liking him it is about a child who will then miss out on her father. It's not about you or your daughter. That is something you and her have to explain one day when the child asks and you better have a good reason then. He might not be a good boyfriend but he might be good dad.

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13y ago

It would depend on the circumstances. If the father signed the birth certificate then he automatically has rights and can take you to court for those rights. If he's not on the birth certificate, he will have to ask the court to order a paternity test, he will probably have to pay for it, depending on the state laws, and if it shows he is the father, then again, he can take you to court for visitation rights.

If you are married to the person, they are on the birth certificate and you split up, without a parenting plan, in place ordered by the court, there really isn't much he can do if you do not let him see his child, until he takes you in to court.

For your child's sake, do everything in your power to make peace w/ and work together w/the father of your child. When the parents battle against each other, especially in front of their child it TRULY effects your CHILD'S self-image, self-esteem and they become confused about who they are suppose to be.

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13y ago

Since the father has no assumed rights, this is not an issue. Though the father have financial responsibility, from the time of the birth, his only right is that of petitioning the court for a right to see his child. This is the case in all states. see links below.

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10y ago

No. The father has a legal right to have access to his child. The only exception would be if the child was put 'at risk' by having that contact. Even so - the father could arrange to have access through a contact centre.

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9y ago

A mother can keep the father away from a child if she has a court order. An attorney can file a petition with the court. It also depends on the circumstances of the situation.

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13y ago

If the father has an order setting forth visitation, no.

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Q: Can a mother of a pregnant minor keep the father away from his baby?
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