Children and the Law
Child Support
Birth Certificates

Does birth mother have sold custody of child if she is not married to father but father of baby is on birth certificate and living with her in Arizona?


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Wiki User
2010-11-19 05:07:43
2010-11-19 05:07:43

No she cant be the mother or have custody for a child she dont even own

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Even if the father's name is on the birth certificate, and is living with the mother, except in Arizona.

If the father signed the birth certificate, then the mother will have to go to family court to obtain sole custody of the child, whether or not the case will be contested.

If the father did not sign the birth certificate, then you already have sole custody.

The mother. The father have to prove paternity by a DNA test and can then get his parental rights and petition for custody, visitation and pay child support.

I have this same issue. My parents never got married. My dad's right was to see me, so he did not have legal custody of me. It varies with different families, but the father has legal custody to see you and it varies if he can have custody to have you.

If you were not married when the child arrived the legal custody lies with the mother. The father have to prove paternity in court before he can get his parental rights.

Yes, the birth certificate will not give him custody. The father have to prove paternity in court with a DNA test and he can then petition for visitation or custody. Then he can also pay child support.

Married or not. If not married, No. If married, father is assumed by law to be the father of the baby.

The mother has sole custody if the parents are not married and there are no court orders regarding custody. A father who wishes to have parental rights must have his paternity established through the court.

If a child is born out of wedlock in Georgia, the father must file a petition seeking legitimation through the courts to become the legal father. Putting a name on a birth certificate is not sufficient. In the legitimation proceeding, the court has the authority to make custody determinations. If the father has not filed for legitimation, he is a legal stranger to the child, and has no rights to custody.

if the baby his he can the birth certificate if the woman is married

The mother has legal custody from birth if never married. The father have to go to court to get his parental rights and prove paternity so he can seek visitation, custody and pay child support. The mother is in this case the one who decides what name the child will have since she is the guardian.If the custody is not with father, then after getting the custody , they may change the name.

In most states, yes. However, that does not prevent the father from re-entering the picture at any time and exercising his parental rights for custody and/or visitation in the court of jurisdiction.

No. If your mother has sole legal custody she can consent to your getting married.

No, as he has no legal rights to the child even if he sign the certificate himself. You will need to file for custody. see links below.

If you are not married the custody automatically falls on the mother and the father have to go to court to get visitation or custody. If you are married you have equal rights.

The childs' father, married or not. Your relationship to the father is irrelevent. The father is the first on a long list of family members. Create a living will if that is not acceptable.

In general the mother. The father has to petition in court for visitation and custody after he has established paternity by DNA test. Then he can also pay child support.

If the parents are married they have equal rights. If not married, the mother in general have sole custody in most states until the father have established his paternity. When he has done that by DNA test he can petition for custody and visitation in court.

The mother. The father have to apply for visitation and custody in court.

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