0
Do I have custody of my child if your name isn't on the birth certificate but paternity test proves I am 99.8 percent the father?
Wiki User
∙ 14y ago
You don't get automatic custody after a test, you get rights to the child. You have to go to court and get custody orders. Go to your courthouse, to the family court section, get a list of lawyers you can call and papers to file for custody. Next, child support will probably come up. So get ready for a battle.
Wiki User
∙ 14y ago
Add your answer:
Earn +20 pts
Can single mother leave custody of child to another family member in her will if father is not on birth certificate even if paternity is proved?
maybe
Does The father Have rights if his name Is not on the certificate?
No. By signing the certificate he says he is the father of the child. If he then wants visitation rights or custody he have to petition in court after he has established paternity by a DNA test. He can then also pay child support.
Does the father of the child get custody if his name is on the birth certificate?
If the parents are unmarried, simply being the name on the birth certificate doesn't bestow any custody rights. An unmarried father must establish his paternity in court 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. 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 by signing the birth certificate at the time of birth (waiving DNA testing rights) which must be done with mother's consent. If he signs the birth certificate he may still need to establish paternity through DNA testing. If he doesn't sign the birth certificate then he must establish his paternity through a DNA test. 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 payments for the child if she is to remain in the custody of her mother. The court will schedule a hearing and issue an order that is in the best interest of the child.
What rights do you as a father have?
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 by signing the birth certificate at the time of birth (waiving DNA testing rights) which must be done with mother's consent.If he doesn't sign the birth certificate then he must seek another way to establish his paternity and that is done through a DNA test. A paternity test can be arranged through the court. Once paternity has been established the father can request visitations, custody or joint custody, or the court will set up a schedule of regular child support payments for the child if she is to remain in the custody of her mother.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 by signing the birth certificate at the time of birth (waiving DNA testing rights) which must be done with mother's consent.If he doesn't sign the birth certificate then he must seek another way to establish his paternity and that is done through a DNA test. A paternity test can be arranged through the court. Once paternity has been established the father can request visitations, custody or joint custody, or the court will set up a schedule of regular child support payments for the child if she is to remain in the custody of her mother.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 by signing the birth certificate at the time of birth (waiving DNA testing rights) which must be done with mother's consent.If he doesn't sign the birth certificate then he must seek another way to establish his paternity and that is done through a DNA test. A paternity test can be arranged through the court. Once paternity has been established the father can request visitations, custody or joint custody, or the court will set up a schedule of regular child support payments for the child if she is to remain in the custody of her mother.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 by signing the birth certificate at the time of birth (waiving DNA testing rights) which must be done with mother's consent.If he doesn't sign the birth certificate then he must seek another way to establish his paternity and that is done through a DNA test. A paternity test can be arranged through the court. Once paternity has been established the father can request visitations, custody or joint custody, or the court will set up a schedule of regular child support payments for the child if she is to remain in the custody of her mother.
Does the father have legal rights to custody?
Yes, a father has legal rights to custody. He may need to establish that he truly is the father of the child, by getting a paternity test. 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. 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 by signing the birth certificate at the time of birth (waiving DNA testing rights) which must be done with mother's consent. If he doesn't sign the birth certificate then he must seek another way to establish his paternity and that is done through a DNA test. 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 payments for the child if she is to remain in the custody of her mother. The court will schedule a hearing and issue an order that is in the best interest of the child.
Does an unwed mother have sole custody in Washington state even if the father signed the birth certificate?
Yes, until the father has established his paternity andarranged 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. 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 by signing the birth certificate at the time of birth (waiving DNA testing rights) which must be done with mother's consent. If he doesn't sign the birth certificate then he must seek another way to establish his paternity and that is done through a DNA test. A paternity test can be arranged through the court. Once paternity has been established by the means mentioned above the father can request visitations, custody or the court will set up a schedule of regular child support payments for the child if she is to remain in the custody of her mother.
What rights does an unwed father have regarding custody of a newborn in the state of Indiana?
The father may establish paternity his paternity through a paternity affidavit that must be filed with the state Department of health within 72 hours of the birth. Otherwise the general means by which an unwed father can petition for custody is as follows. Remember that in order to obtain legal and physical custody he must show that custody in the mother would not be in the best interest of the child. 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 every state 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 by signing the birth certificate at the time of birth (waiving DNA testing rights) which must be done with mother's consent. If he doesn't sign the birth certificate then he must seek another way to establish his paternity and that is done through a DNA test. A paternity test can be arranged through the court. Once paternity has been established the father can request visitations, joint custody or full custody. If the father desires a visitation schedule he can request that the court issue a visitation schedule. The court will also issue a child support order if the child is to remain in the custody of her mother. The court will schedule a hearing and issue orders that are in the best interest of the child.
Is there anything significant regarding unmarried parents having custody of children?
Yes. Custody is very different for unmarried parents.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 by signing the birth certificate at the time of birth (waiving DNA testing rights) which must be done with mother's consent.If he doesn't sign the birth certificate then he must seek another way to establish his paternity and that is done through a DNA test. A paternity test can be arranged through the court. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.Yes. Custody is very different for unmarried parents.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 by signing the birth certificate at the time of birth (waiving DNA testing rights) which must be done with mother's consent.If he doesn't sign the birth certificate then he must seek another way to establish his paternity and that is done through a DNA test. A paternity test can be arranged through the court. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.Yes. Custody is very different for unmarried parents.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 by signing the birth certificate at the time of birth (waiving DNA testing rights) which must be done with mother's consent.If he doesn't sign the birth certificate then he must seek another way to establish his paternity and that is done through a DNA test. A paternity test can be arranged through the court. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.Yes. Custody is very different for unmarried parents.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 by signing the birth certificate at the time of birth (waiving DNA testing rights) which must be done with mother's consent.If he doesn't sign the birth certificate then he must seek another way to establish his paternity and that is done through a DNA test. A paternity test can be arranged through the court. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.
Who has custody when parents never married in Georgia?
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. 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 by signing the birth certificate at the time of birth (waiving DNA testing rights) which must be done with mother's consent. If he doesn't sign the birth certificate then he must seek another way to establish his paternity and that is done through a DNA test. 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 payments for the child if she is to remain in the custody of her mother. The court will schedule a hearing and issue an order that is in the best interest of the child.
Who has custody rights when both parents are minors in PA?
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. 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 by signing the birth certificate at the time of birth (waiving DNA testing rights) which must be done with mother's consent. If he doesn't sign the birth certificate then he must seek another way to establish his paternity and that is done through a DNA test. 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 payments for the child if she is to remain in the custody of her mother. The court will schedule a hearing and issue an order that is in the best interest of the child.
If there is No court order can the father take the child away from the mother?
In the United States both parents have equal rights to the child if they are married and not divorced and there is no court order.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 by signing the birth certificate at the time of birth (waiving DNA testing rights) which must be done with mother's consent. If he doesn't sign the birth certificate then he must seek another way to establish his paternity and that is done through a DNA test. 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.Without further details it seems as though this father is making up his own rules and exerting too much control over the child and the child's mother. She should seek help ASAP from an attorney or other legal advocate.
Can a father just take a baby from the mother if they were never married without establishing custody first in Missouri?
No. The unmarried mother has sole custody until the father has established his paternity legally, in court and then requested (and obtained) joint custody and visitations.No. The unmarried mother has sole custody until the father has established his paternity legally, in court and then requested (and obtained) joint custody and visitations.No. The unmarried mother has sole custody until the father has established his paternity legally, in court and then requested (and obtained) joint custody and visitations.No. The unmarried mother has sole custody until the father has established his paternity legally, in court and then requested (and obtained) joint custody and visitations.
