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Yes. As married they both have equal right to the child. If this will lead to divorce though you should consult your lawyer.

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Q: Can mother move out of state with her child if husband kicks her out but they are still married - in Texas?
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When your married and you have a child does your child have to take the fathers last name?

That decision is up to the parents. There is no law that covers this situation if the mother has not taken her husband's name in marriage.


I pay child support to the State of Texas but the mother is not receiving it. Where does it go what does the state do with it?

The State of Texas child enforcement agency would have it. Sometimes it takes a couple weeks to get to the mother. The state would still have it if they haven't given it to the mother.


Can a father take a child out of state if the parents are not married and there is no custody appointed?

Not without the permission of the child's biological mother. When a couple are not married and there is not a custodial order from the court, the law presumes that the mother has sole custody of the child in question.


What does child born out of wedlock mean?

It means that the mother and father of the child were not married


What rights does a biological father have when the mother of the child remarries?

The child of a woman who is married is generally assumed under the law to be the child of her husband. That type of situation complicates a child's legal rights and compromises the child's genealogy unless the matter is addressed by a court order that identifies the child's biological father. If there is no court order, the mother's husband will be listed as the father and he will be responsible for supporting the child even if the parties later divorce. The child will be his heir at law. The child will not be considered an heir at law of his biological father unless he can prove his relationship at the time of his biological father's death.The child of a woman who is married is generally assumed under the law to be the child of her husband. That type of situation complicates a child's legal rights and compromises the child's genealogy unless the matter is addressed by a court order that identifies the child's biological father. If there is no court order, the mother's husband will be listed as the father and he will be responsible for supporting the child even if the parties later divorce. The child will be his heir at law. The child will not be considered an heir at law of his biological father unless he can prove his relationship at the time of his biological father's death.The child of a woman who is married is generally assumed under the law to be the child of her husband. That type of situation complicates a child's legal rights and compromises the child's genealogy unless the matter is addressed by a court order that identifies the child's biological father. If there is no court order, the mother's husband will be listed as the father and he will be responsible for supporting the child even if the parties later divorce. The child will be his heir at law. The child will not be considered an heir at law of his biological father unless he can prove his relationship at the time of his biological father's death.The child of a woman who is married is generally assumed under the law to be the child of her husband. That type of situation complicates a child's legal rights and compromises the child's genealogy unless the matter is addressed by a court order that identifies the child's biological father. If there is no court order, the mother's husband will be listed as the father and he will be responsible for supporting the child even if the parties later divorce. The child will be his heir at law. The child will not be considered an heir at law of his biological father unless he can prove his relationship at the time of his biological father's death.

Related questions

Will child support payments stop now that child mother is newly married?

No. The child still has to be taken care of and it isn't the new husband's responsibility.


When your married and you have a child does your child have to take the fathers last name?

That decision is up to the parents. There is no law that covers this situation if the mother has not taken her husband's name in marriage.


If you get married before you have the baby who has legal rights to the baby my husband or the father?

Depends on your state. In MI, the legal father of the child is the mother's husband. If your child's father is not going to be your husband, do the right thing and let him be involved.


If mother has sole custody never married father can husband get custody of step child before mother dies?

Depends if it is a single trailer or a double-wide


If you are married and the child is not your husband is he legal responsible?

In general, no; however, there are exceptions. For example, his income/assets will be considered in any application for food stamps/public assistance. Also, keep in mind that the husband's paternity is presumed if the mother was married when the child was conceived/born.


If you do not know if you are the father of an unborn child can you sign over guardianship to the maternal grandmother of the unborn child?

The answer depends totally on whether or not you were married to the child's mother. Any child born to a married couple is considered to be the legal child of the husband until proven otherwise. HOWEVER, if you were NOT married to the child's mother, then you have no legal rights, even if you are the father. An unwed mother who has a child is considered the sole legal parent of that child in most states. Even if you were proven to be the father - you have no legal rights without going to court , if you were not married.


Can a biological mother give up a baby conceived while married for adoption without her husband's consent?

I highly doubt that, the father has rights to that child, regardless of if they are married or not.


Can your exwife get child support if the child is not yours but you were married to her but separated when she had the child?

In many jurisdictions, the husband is presumed to be the child's father unless paternity is established by other means. The biological father would likely be required to pay child support even if the mother is married to someone else.


Can the mother of your unborn child move from Texas to Mississippi without the consent of the father?

Yes, if the couple are not married the mother is presumed to have full legal custody of an unborn or born child, until a court rules otherwise.


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


If the mother has sole physical custody and shares joint legal custody with the father the two never married if the mother dies can her husband who is not the baby's biological father assume custody?

No, unless the baby's biological father relenquishes his parental rights, he would get custody of the child if the mother dies, not her husband. The biological father must sign his rights away to the mother's husband.


If a married woman has a child with another man who is the legal father?

Well of course it would be the other mans child regardless of whether you are married or not.Clarification:In some states, the husband is legally considered the father, even if he is not the biological father, and is financially responsible for the child. There are also some states in which the biological father has to pay child support to the mother, even if she is still married to her husband. So you really need to check on your state's laws concerning this.