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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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โˆ™ 2013-03-15 22:47:30
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Q: Can you get custody of your child if the mother leaves state and never has him?
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Related questions

Can mother take child out of state - custody was never established?

no because it can be taken as child napping


Who has legal custody of a child in Missouri if never married?

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


Who has custody of a child if the parent have never married in the state of massachussetTS?

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


You have joint custody of your child with her mother having domicile custody the child never stays with the mother anyway you just found out that the mother got arrested on drug charges what to do?

File a modification motion. see links


Who has custody of a child whose parents were never married in fl?

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


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


Will the mother get sole legal custody of the child if the parents were never married and he hasn't seen the child over 4 years?

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


Who has legal custody of a minor child when parents never married in the state of co?

mother has sole custody even if living with father


Who has legal custody of a minor child when parents never married in Georgia?

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


Who has legal custody of a minor child if never married in Illinois?

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


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.


Does a mother have custody before the case goes to trial if she never married the father?

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


Who has legal custody of a minor child when parents have never married in Michigan?

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


Who has legal custody of minor child when parents never married in Connecticut?

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


Who gets custody of a minor child in Louisiana if the parents never marry?

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.


Who has custody if the father of your child and you never were married?

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


How can an unmarried mother obtain authorization to travel with her young son overseas if she and the child's father have never been married or established custody?

establish custody


Who has legal custody of minor child when parents have never been married in Wisconsin?

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


Who has legal custody of a minor child when parents have never married in va?

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


Who has legal custody of a minor child when parents never married in Oregon?

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.


Can a mother be charged with parental kidnapping if she takes her child out of state and she was never married to the father?

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,


If the father no longer has custody does he still have to pay child support in the state of Virginia?

Yes, even if the mother never did.


Who has legal custody of a minor child when parents never married in Massachusetts?

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


I live in florida.Could my ex boyfriend get custody if he never paid child supprt and mydaughter has always lived with me?

It is normal for the mother to get custody. Yes it is but it is a slim shot.


Can a father take his children if he and the mother were never married and there is no custody order?

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.