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The father has not established his parental rights. An unmarried mother has legal custody of her child. Since the parents are not married the father needs to establish his paternity in court in order to gain his parental rights legally. Once established he should consult with an attorney who specializes in custody issues who can review his situation and explain his rights and options under the laws in the jurisdiction. According to the details the child has not been in a stable environment since birth. An attorney can help the father plead his case before the court.
Wiki User
∙ 11y ago
Wiki User
∙ 11y agoNo. Not without a court order.
A father cannot take a child from its mother. He needs to try to get custody through the family court.
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. A paternity test can be arranged through the court and once established the father can request visitations, custody and set up a schedule of regular child support payments for the child if the mother retains physical custody.
If the parents are married they have equal parental rights. The father's rights are not superior and he has no authority to keep the child from the mother without a court order to that effect.
To succeed in a petition for custody the father would need to provide evidence that the mother is unfit. The factors used to determine that a parent is unfit are generally governed by state laws with child endangerment being the determining factor. The following include some of the reasons a parent may be declared unfit:
- physical, emotional and sexual abuse
- excessive discipline
- failure to protect the child from abuse by others
- failure to report abuse of the child
- neglect- failure to provide food, clothing, proper hygiene, necessary medical treatment, schooling
- failure to provide proper medical care
- failure to provide day to day parental care
- serious illness or disability
- mental illness
- substance abuse or addiction
- Alcoholism
- criminal activity and/or associations
- incarceration
- conduct or conditions that are seriously detrimental to the child
- abandonment
- child endangerment
- leaving the child unattended or in the care and supervision of a child
- a failure to provide adequate supervision
- unsafe living conditions
- a medical condition that makes it impossible for the parent to adequately care for the child
Wiki User
∙ 14y agoNO. only if the mother is unfit.
Wiki User
∙ 14y agono
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Who has custody rights in Virginia if not married?
Only Arizona has a law granting single fathers any presumed rights to a child born outside wedlock. I teach single fathers how to get their rights. See link below
If a child is born out of wedlock but carries the fathers name is she still illegitimate?
yes
Was there children born out of wedlock prior to World War 2?
Yes, there have always been children born out of wedlock. Some eras it was more common then others, but it has always existed.
Are Children born out of wedlock considered as bastards?
Yes that is the meaning of the word
How many children are born out of wedlock each year?
The stats dip up and down too erratically for each year, but here is the 2004 stats: (2005 stats not compiled yet) A record number of babies were born to unwed women in the U.S. Contrary to popular belief, it isn't mostly teenagers who are giving birth out of wedlock. Teens accounted for 24% of unwed births, down from 50% in 1970 and the highest percentage was among women ages 25 - 29 years old. There were 1,470,152 babies born to unmarried mothers in the U.S. which accounted for 35.7% of all births in the country. Marcy
Were children of Adam and Eve legal or illegitimate - Were they born out of wedlock?
God gave the woman to the man so God sanctioned them being together. This was before the invention of marriage so no their children were not born out of wedlock - Reply to Answers-Therefore NOT a SIN if you have children out of wedlock - Right?? Marriage was basically INVENTED to transfer materialistic goods and property - nothing Divine about it.
Can a child born out of wedlock be given fathers last name without consent?
Yes; however, doing so does not establish paternity.
What percentage of Indian Catholic Children are born out of wedlock?
Roughly 39.7% per year
How does the church feel about children being born out of wedlock?
Ideally, children are born in a marriage where the parents are committed to each other but hopefully all children are loved and respected.
When was Billy Wedlock born?
Billy Wedlock was born on 1880-10-28.
How many illegitimate children does Chipper Jones have?
He has four, one of which is out of wedlock
In Australia what are a fathers rights to unborn child?
He has no rights until the child is born even if he can prove it is his.
