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Can the biological father have a custody of a baby he has from a married woman?
Wiki User
∙ 13y ago
This is a complicated legal issue that you should consider before having an intimate relationship with a woman who has a legal husband. First, as an unmarried father, he has no assumed rights to any child born to a woman he's not married to, so the initial problem is in establishing a right to even see the child. Second, in many states, the husband has a presumption of fatherhood, unless the mother chooses otherwise.
Generally, if the parents of a child are unmarried the mother has sole custody and control in most states until the father can establish his paternity. If the woman is already married to another man, this complicates the situation. 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 seek other means of establishing his paternity and that is done through paternity test.
A paternity test can be arranged through the court and once established the father can request visitations, custody and set up child support for the child. This will be costly and take many months to accomplish. By this time, the courts may not consider changing the circumstance of the child's living arrangements.
Wiki User
∙ 13y ago
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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.
Does biological father have to pay child support if woman is married to someone else?
Yes-if he is adjudicated as a legal father.
Can the father sign birth certificate if woman is married?
If you're in the US, no, she cannot just list him on the birth certificate without him being involved in the process (he normally has to sign a separate form acknowledging paternity) Only the father can sign his name to the birth certificate, but he is able to do so regardless of whether they are married unless the mother is married to someone else. In that case the husband of the mother would have to be ruled out as the child's father before the biological father can sign.
Who is responsible for child support the fathers name on birthcertificate or biological father?
Yes. The best example I've seen of this involved a 27 year old Michigan man ordered to pay 14 years in retroactive child support in 1997. The woman he was having a relationship with at age 12 was married, so when she got, she assumed the boy could not be the father due to his age. Fifteen years later, her husband filed for divorce and custody. She countered by stating that he may not be the father of the child. Paternity found that he was not, however by making this claim, she could not receive child support from him, so she filed against the bio dad and was awarded $85,000 based on his average earnings at the time of the filing. The fact that the child had been supported by another man during those years was not a consideration. This is one of the problems with having an affair with a married woman. This can come back you bite the man up to 23 years later. see link below
Is it a crime if a father forcefully take infant out of house without mother's consent?
If you mean that the father hit the mother, and that is the reason she left the father, then no, that is not grounds to obtain custody. The courts usually award custody to the mother, unless she is unable to care for the child, or if she has been proven an unfit parent. Hitting a woman, especially the mother of your child, may actually go against you in a custody suit against the mother, and the mother had every right to take the child and leave if the father of her child hit her. The courts may also look at it as if the father hits the mother, then he may hit the child, too.
Will the mother or biological fathers stepsister be more likely to get custody of the 7 month old baby of a married woman?
The father's step sister has no legal rights in this case. A mother automatically has custody of her child.The father's step sister has no legal rights in this case. A mother automatically has custody of her child.The father's step sister has no legal rights in this case. A mother automatically has custody of her child.The father's step sister has no legal rights in this case. A mother automatically has custody of her child.
Is it against the law to sleep with your fathers son who he had with another women?
Yes, say if the woman had the child then married your dad, no, but if the boys biological father is your biological father, you are related
Can a father get joint custody of a child from a woman he wasnt married to when she doesnt even want visitation?
Yes and the choice of visitation is not up to her, it's up to the judge. If he is the biological father and have proved paternity in court, he can petition for custody, visitation and pay child support. She has no legal right to keep the other parent away from the child.
Can the father get a custody for her daughter if he is not married to the mother that left him and found another man and this woman has been married to another man before that he didnt know about?
I would say yes as long he is the biological father,and neither of them have any "strikes" against them concerning the welfare of the child in question,or any other child.
Who pays child support when the father is married to another woman?
Her child's biological father if she has obtained a court order for child support.Her child's biological father if she has obtained a court order for child support.Her child's biological father if she has obtained a court order for child support.Her child's biological father if she has obtained a court order for child support.
In Arizona can woman move out of state with her unborn child without the permission of the father?
You need to add more details such as whether you are married, divorced or never married and whether the father has any custody rights or visitation rights.You need to add more details such as whether you are married, divorced or never married and whether the father has any custody rights or visitation rights.You need to add more details such as whether you are married, divorced or never married and whether the father has any custody rights or visitation rights.You need to add more details such as whether you are married, divorced or never married and whether the father has any custody rights or visitation rights.
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.
What is the law concerning child custody in the Philippines?
I think the normal law is that the woman get sole custody in Philippines. The father can only get visiting custody. If they not married the woman get sole custody normally- the only think witch can chang this is she is unfitt to be mother. So if the father shall get sole custody in Philippines he have to go to courth- if he don't get an agryment with the mother to the kids. So fare so well. But how the mother can get a paper/profe that she have sole custody after Philippines law i don't know. In some situation the mother can need that-profe of sole custody to show to other country. Mybe she can go to a official office to get that- but whats that name? I don't know. I know she can go to the courth with that. And she can get a agrement with the father. But as i have understand from the Philippines Law she already have the sole custody to kids if she is not married- so then it have to be a Philippines office which can produce a paper a woman can show to other country-which profe the she have sole custody to her kid.
Can a 19 year old married woman still be in custody of cps?
No. At 19 you are legally an adult whether married or not.
Out of marriage pregnancy disqualifies a woman from child custody for extramarital affairs?
no, she has sole custody, and the father has nothing. see link below
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.
What is a stepmother?
A stepmother is the wife of someone's father who is not their biological mother. She takes on the role of a mother figure in the family, providing care and support to her stepchild.
