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2013-03-15 22:47:30
2013-03-15 22:47:30

If the mother has legal custody but leaves the state and doesn't have physical custody of your child then that must mean the child is with someone who doesn't have custody. I assume you are not married. In that case, you must establish your paternity in court and request legal and physical custody. If the mother has left the state without taking her child with her the court will certainly want to know who the child is with and will certainly consider awarding legal custody to the other biological parent, you.Perhaps you can convince the mother to consent to your getting legal and physical custody. If not sole custody, then joint legal and physical custody.


You should consult with an attorneywho specializes in custody issues. The attorney can review your situation and explain your rights and options.

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Related Questions


An unmarried mother has legal custody of her child until the father has established his paternity legally.


The mother. The father have to petition the court for shared custody.




The biological mother has presumptive custody, at least until a custody order is hammered out in court.



She already has sole legal custody as an unmarried mother. He can petition for visitation and pay child support.


No, he would be charged with kidnapping. She has custody since birth since they were never married and he never went to court for custody.One case can be, if the mother is not financialcapable to care of the child, the the father may proceed but firstly the mother must be agree for that.


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.



The mother. The father have to petition the court for custody or visitation right.


The mother. The father have to prove paternity in court and petition for custody, visitation and can then also pay child support.


The mother automatically have custody from birth and the father can petition for custody, visitation and also pay child support after he has proved paternity in court by providing a DNA test. As long as the mother is fit he will get shared custody at the most.


: No she does not. : Until you go to court the parent who is in possession of the child has custody.


The mother always do until the father has petitioned and got custody from the court.


The mother is presumed to have custody unless there is a court order saying otherwise.


Yes, if:- The father retains sole physical custody of the child, the mother has visitation rights and took the child out-of-state during a time she did NOT have visitation with the child; OR- The father retains sole physical custody of the child, the mother has absolutely no parental rights to the child and took the child out-of-state at any time.No, if:- There is a custody arrangement in place, whether as a written or oral agreement between the her and the father, or as an Order for Child Custody, and the mother retains primary or joint (equally shared) physical custody of the child; OR- There is no custody arrangement in place between her and the father, and there is no Order for Child Custody in place, but she retains primary or sole physical custody of the child and/or the father never bothered to petition for custody; OR- There is a custody agreement in place between her and the father, or there is an Order for Child Custody, and the father retains primary or sole physical custody of the child, IF the mother has visitation rights and chose to take the child out-of-state while she had visitation with the child;- Just about any other scenario, other than the two described above under "yes," not otherwise described here.To sum this up, no, the mother probably cannot be charged with parental kidnapping simply for taking her child out of state. The mother has a legal right to travel wherever she chooses with her child unless a court tells her otherwise. In fact, the mother may move out-of-state with the child permanently if she so chooses, and there is nothing the father can do.The fact that the mother and the father were never married is completely irrelevant. The only difference between unmarried parents and divorced parents, is that divorced parents usually submit a custody plan to (or, more often, one parent receives an Order for Primary Physical Custody from) the family court, which explicitly outlines which parent has custody and which has visitation. If the parents never married, and the child lives with the mother, she is the custodial parent (which means she has primary physical custody of the child) and she can take the child wherever she pleases, whenever she wishes. The father has no legal claim to or right to control how the mother cares for the child while she retains custody, and the mother is certainly not required to seek permission or even notify the father of her intent to leave the state with her child so long as she retains custody,


The mother until the father has gone to court to gain his parental rights and can petition for custody and pay child support.


The mother. The father have to apply in court for visitation or custody after paternity have been established. Then he can also pay child support.


Generally in the United States an unmarried mother has sole custody until the father has established his paternity legally.


The mother is assumed to have custody. However, there may be a court order as well.



Generally an unmarried mother has sole custody until the father has established his paternity legally.



When the parents aren't married the mother has sole custody of her child. Once paternity has been established the father can petition for joint custody or visitation rights. A child support order will also be issued at that time. See the link provided below for a sample booklet on never married parents questions and rights in Massachusetts and a link for child custody laws in the US.



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