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If you were married to him when you gave birth to the children he is presumed, by law, to be their father. If you are still married he doesn't need to petition for custody but he can petition for visitations.

If you know he is not the father then you should consult with an attorney who specializes in custody issues to determine your options under the law in your jurisdiction.

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Q: Can your huband order joint custody from jail if he cant prove he is the father?
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Related questions

Can you move state with kids if father has joint custody?

No, you can not, unless the custody order is modified by the court.


Can a father who has joint physical custody of his son be granted sole physical custody if the mother is in jail?

Either parent can have physical custody in a joint custody arrangement. If there is a court order granting the mother physical custody the father should notify the court of the mother's incarceration and have that order modified unless he wants the mother to resume physical custody when she is released.


What if you have joint custody and live out of state and your son doesn't want to go back to his father?

You may apply to court for another custody order.........


Is it a violation of court order when the mother does not share medical and school information when you have joint custody?

Yes, if you have joint legal custody.Yes, if you have joint legal custody.Yes, if you have joint legal custody.Yes, if you have joint legal custody.


Can father let child miss school without mothers permission?

It depends on the law where you live and your custody order. If the father has sole legal custody (as opposed to physical custody) he would be able to make that decision without input from the mother. If legal custody is joint or the mother has sole legal custody, no he could not.


If the mother and father are not married and he is not on the birth certificate can he get joint physical custody?

The father's paternity must be established legally, usually through a DNA test. Once established as the father he can request joint custody and a visitation schedule. A child support order will also be established. He should visit the family court for more information.


Does an original custody order against a father still stand when a third party takes temporary custody from the mother?

Yes, unless the father objects to the temporary custody order and obtains a modification of the original order.Yes, unless the father objects to the temporary custody order and obtains a modification of the original order.Yes, unless the father objects to the temporary custody order and obtains a modification of the original order.Yes, unless the father objects to the temporary custody order and obtains a modification of the original order.


May the father of the child waive child support arrears if they both have joint custody but father has physical custody and mother has child for summer and holidays?

No. If there's a court order against the father, which resulted in any kind of arrears, the father is still responsible for it. Arrears are paid and there's no statute of limitations on it, as well as, any support and/or custody modifications.


Can the father legally get child with custody agreement after not seeing child for 5 months?

The father can petition the court for a visitation schedule and he can also ask for joint custody. At the same time the mother can request a child support order. The court will review the situation and issue the appropriate orders. If the mother has complaints about the father, wants to object to visitations and custody or think she has proof he is unfit she should consult with an attorney who specializes in custody issues.See related question link.The father can petition the court for a visitation schedule and he can also ask for joint custody. At the same time the mother can request a child support order. The court will review the situation and issue the appropriate orders. If the mother has complaints about the father, wants to object to visitations and custody or think she has proof he is unfit she should consult with an attorney who specializes in custody issues.See related question link.The father can petition the court for a visitation schedule and he can also ask for joint custody. At the same time the mother can request a child support order. The court will review the situation and issue the appropriate orders. If the mother has complaints about the father, wants to object to visitations and custody or think she has proof he is unfit she should consult with an attorney who specializes in custody issues.See related question link.The father can petition the court for a visitation schedule and he can also ask for joint custody. At the same time the mother can request a child support order. The court will review the situation and issue the appropriate orders. If the mother has complaints about the father, wants to object to visitations and custody or think she has proof he is unfit she should consult with an attorney who specializes in custody issues.See related question link.


If the joint custody court order says the father is to carry health insurance and he does not will that be used in helping to determine custody?

No, financial matters are separate from custodial issues. The matter of health insurance should be a part of the support order not a custodial one.


If you are seeking sole and primary physical custody of your infant is 3 and one-half days of visitation with the father considered joint custody?

The extent of a parent(s) custody rights are determined by a court order. The ideal situation is for both parents to reach a workable, amicable decision. The time that is spent with a parent does not necessarily indicate sole or joint custody.


How can a sixteen year old father obtain joint custody of his newborn son?

He needs to petition the court to have his paternity established. Once his paternity has been legally established he can petition for joint custody and a visitation schedule. The court will also issue a child support order.