Can the father get full custody of the child if she and the father are married?
Married couples have equal parental rights unless there is a legal separation filed with the court.
If the mother and father were not married when they had a child does the mother get full custody of the child?
In the United States an unmarried mother has legal custody of her child unless and until the father establishes his paternity in court and requests custody and/or visitations.
Father and Mother are not married when Mother decides she does not want to be a Mom then abandons the Father and Child. Does the Father have legal rights for full custody?
The father must establish his paternity through the courts since he and the mother were not married. He can petition for full custody. He should consult with an attorney who specializes in custody issues. The mother's abandonment can certainly be used as evidence that the father should receive legal custody. He is providing the day to day care of the child.
No. If she tries then the father should immediately seek full legal and physical custody of his child. No. If she tries then the father should immediately seek full legal and physical custody of his child. No. If she tries then the father should immediately seek full legal and physical custody of his child. No. If she tries then the father should immediately seek full legal and physical custody of his child.
And you are? If the parents were not married the mother has custody until the father can petition for it after he has proved paternity in court. If married you have equal custody. Just living with you does not give you custody. it has to go through court.
A child does not need to be abandoned by their mother for a father to be awarded full custody. If the father can demonstrate before a judge that the mother is unfit to parent, the judge can award him full custody of the child.
It is very likely that the father could get full custody of the child. It will depend upon the history of the father and if he is willing.
i have a son in my custody what is the law in the phillipines about child custody if a child abandoned by his father
When a child is born and the father is not there or never comes around does that mean you have full custody?
That does not mean you have full custody. Even though the father is not around you should still go for full custody. Theres always that chance the father could back around and that child is not with you he has just as much right to that child as you do.
What happens to the child support payments when the mother of the child dies and the father has legal joint custody?
Presumably the father will take full custody of the child and he should notify the court of the death so the child support order can be terminated. Presumably the father will take full custody of the child and he should notify the court of the death so the child support order can be terminated. Presumably the father will take full custody of the child and he should notify the court of the death so the… Read More
Understanding your use of constitute to mean what creates the right to have full custody of a child: Two people who are legally married are considered by law the parents of a child born or adopted within the marriage. An unmarried mother has full custody of her child until the father has established his paternity legally and obtained custody via a court order. Legal adoption creates the right to have full custody of a child… Read More
When two parents split up but were never married what type of custody does the mother have by default if the father has a visitation order and pays child support?
It's all up to the courts to decide. A mother can request full sole legal custody of the child even if the father has visitation rights and pays child support. The mother does need to prove to the courts why full sole legal custody is in the child's best interest.
Does the father have custody of he child even though the child lives with him but both the parents were never married. Can the father come after the mother for full custody.?
With no courts orders in place, the father has no legal right to have the child living with him. The mother has sole custody and control in all states, and he can still be obligated to pay support for this time period. He needs to immediately file a motion with the court to establish his rights and for at least temporary custody, pending a full hearing, before she gets wind of the fact that she… Read More
It is very rare that a Mother wants to give full custody of a child to the Father. To this all a Mother would have to do is choose to sign and give up her rights to the child in court.
What if you had full physical custody of your child and then the father files for custody due to child being overweight?
If at the custody hearing, the judge believes that you are the cause of the child's overweight problem, the father could very well win full custody. If you can afford it, hire a lawyer to argue for your side.
No. If your mother has sole legal custody she can consent to your getting married.
If the father has visitation rights and has not seen the child can you get full custody and receive child support?
How does he have any visitation rights with a custody and child support order?
If my child father is deceased and I don't have full custody of our kids do I have to pay child support?
You may have to pay child support to the one who has custody of your children.
It depends on your legal status before and after the father left. If you are married then he still has full parental rights until a court renders a custody order. If you have been divorced custody should have been addressed in the divorce decree. If you were never married and he has no previously established custodial rights then you have full legal custody.
In the state of Georgia if a mother and father are not married when a child is born what does a father have to prove to get joint custody?
First, he has NO ASSUMED RIGHTS to the child, so the first move needs to establishing a voluntary child support order, but not before a paternity test is done. Once an order is in place, it cannot be easily stopped even if not the father. Next, you prepared as if you were going for full custody. Finally, consider Bird Nest Custody. see links.
An unmarried mother has full custody of her child unless the father has established his paternity through the court. He can then request custody and visitation rights. A divorced mother must review her divorce decree and all related court orders if she is unsure about the status of the custody of her child.
no see links below
Can the mother of a child move out of state with the child without telling the father when both parents were never legally married?
If the mother has legal full-custody, and no court judgment has been made to the contrary - yes.
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. 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… Read More
If I have full sole custody of my son and his father and i were never married can i move out of state against the non-custodial parent's will?
YES YOU CAN . once you have full custody you have the right to move wherever you want to that's the reason you file for custody right...the the reason full custody was ordered to give you full permission to do whatever you want ..the court gave u full custody only because they see you are a fit parent at the time of filing. however the father can file for full custody in the future but… Read More
Does the mother have full custody of child if father is not in picture at all and name is not on birth certificate and they were never married?
In most states, yes. However, that does not prevent the father from re-entering the picture at any time and exercising his parental rights for custody and/or visitation in the court of jurisdiction.
Sure. If the identity of the father is unknown, the mother will probably get full custody, unless the child is given up for adoption or foster care.
No. A father has the right to see their child. Only the court can bar visitations. A mother who refuses to allow the father his visitation rights risks losing custody.
If the mother has the full custody then she can take the child, and she can get the child support. If she doesn't have the full custody, then she is not allowed to take the child without the father consent, but she still can get the child support.
If the father does not pay child support for more then a year can the mother get full custody or can she get the father's parental rights revoked?
Yes as the father has become a defaulter then the mother can get full custody and have the parental rights of the father revoked.
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.
The mother has full custody. The father have to prove paternity by providing DNA in court and he can then ask for custody, visitation and pay child support.
Can a single father move out of the state of Oklahoma with his child if he does not have full custody?
No. If the child's' mother calls the police you could loss custody of your child and possible go to jail. If I was you I would contact a lawyer who specializes in child custody cases. If you can get a notarized letter from the mother saying it is okay and giving you full custody.
That depends. If the mother has full custody of the child, then yes. If she doesn't have full custody, then no.
No, you slowly make it harder, i.e. first use half, if father continues declining, file full custody
If a mother with phsical custody is incarcerated will the father with joint legal custody be automatically awarded custody of the child?
I think it depends on how long the mother will be incarcerated for. There might be a hearing giving the father temporary custody. But if the father ever tries to get full physical custody of the child in the future, it might not be good for the mother. However, she can never be refused visitation.
Can the mother go to the father house and get her child if there isn't a court order saying that the dad has full custody?
No, the mother is no more entitled to custody than the father. If the father currently has temporary or implied custody, then a custody order must first be established before you can get partial custody or visitation rights. For example, if you moved out and left the child in the care of the father, you forfeited your custody rights until an official custody order has been established.
Yes, but the father must be notified of the proceeding.
If child support hearing is set and mother has left the child with the grandmother can the father file for full custody?
Yes; he can.
most likely..no. well that's what i think. ;)
No, there must be a court order that gives sole custody to the father. If the mother has full custody, it is called kidnapping.
Yes he can. The court will award full custody to the mother or to a legal guardian if necessary. However, the father will be required to pay child support.
You gain full custody for a child by telling the judge you want full custody.
If a person dies and the baby's father is in jail could the maternal grandparents get full custody of the child?
The baby's grandparents could get custody.
Everyone has or had a father. If the father is deceased or the mother has been granted full legal custody then the mother can allow her minor child to marry. If that is not the case, the biological father consent will be necesssary also or the court will have to waive the necessity for such consent.
Can a mother and her boyfriend or husband file for full custody of the mothers children together that you share joint custody with your exhusband who is the childrens father?
Boyfriend or husband (unless he is the biological father) has no legal right to the child at all. The mother can try to go for full custody though.
In Tennessee would it be easier to obtain custody of a child from a prior relationship if the father of the child were to marry?
No, the determining factor in all custodial cases is what is in the best interest of the child. If the biological father was not legally married to the child's mother it would be extremely difficult for him to obtain full custodial rights regardless of his marital state.
Yes, the mother can have full custody of the child if the father's name is not on the birth certificate and he has not paid any child support. However, if you just didn't want the father's name on the birth certificate at the time the baby was born, but received child support then you may have trouble getting full custody.
He can but I doubt he will get it since immigration status has no bearing on custody and parental rights..
It will depend on many factors. Consult a lawyer. If you are worried the judge will move the child from you and give full custody to the father only based on him getting remarried, that is not how it works.
If you were not married when the child was born you have to prove paternity in court by a DNA test and if she refuses you can get a court ordered one. Then you can petition for custody, visitation and pay child support. Unless the mother is unfit they will not give you full custody though.