Does the birth mother have automatic custody if she and father are married?

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In Custody
No, although most courts favor custody to the mother.
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Can a child still get emancipated from her birth mother and step father if her father is fighting for custody?

Answer . \nNo, if there is a custody dispute being heard by the court, that needs to be settled before any early emancipation petition would be accepted (if at all). There is a great misconception as to a minor receiving an early emancipation decree. It is not simply a matter of signing a paper a ( Full Answer )

Does a biological father have any custodial rights if his name is not on the birth certificate and the mother was married to another man at the time of birth?

Answer . \nYes, get a blood test and prove it. Answer . No. \n. \nWhat is your motivation? Are you trying to destroy a marriage? Have you done anything to support your child? Given money to pay for medical or provided other resources?\n. \nIf the other guy is ACTING like a parent, maybe y ( Full Answer )

Does the birth mother have sole custody of the child if she and the father were not married?

In all 50 US states the law presumes that an unmarried birth mother retains sole custodial rights to a child until the court rules otherwise. This applies to minors as well as to adults. Generally, if the parents are unmarried the mother has sole custody and control until the father can establi ( Full Answer )

When the mother is jailed does the father then get custody?

That would be the logical action, yes. Although it is the logical action, that does not necessarily mean the laws of each state are logical. The answer to this question is no, for parents in Florida who are not married. If you are married, I believe it's different & the marriage makes both par ( Full Answer )

If the mother does not have a fathers name on a birth certificate does she have full custody of the child?

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 bi ( Full Answer )

Does an unwed mother automatically have custody of child?

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 bi ( Full Answer )

If a mother gives up rights can the father who was taken off the birth certificate get custody?

Paternity would have to be established first. The father could then get custody and child support from the mother; she does not need to relinquish her parental rights for this. . But, if this involves aborting her rights by dropping the child at an ER or with family services, his chances of getting ( Full Answer )

Does the father have custody of he child even though the child lives with him but both the parents were never married. Can the father come after the mother for full custody.?

With no courts orders in place, the father has no legal right to have the child living with him. The mother has sole custody and control in all states, and he can still be obligated to pay support for this time period. He needs to immediately file a motion with the court to establish his rights and ( Full Answer )

Does father have to prove paternity of a child if going for custody and never married to mother?

Of course. 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 tim ( Full Answer )

How can a father gain custody of a child from birth mother?

It would need to be demonstrated that she was no longer providing a healthy and safe environment for the children. Courts are very reluctant to do this in practice, because no one wants to take kids away from their mom, but it happens.

Does mother have sole legal custody of the child if father does not sign birth certificate?

No. The mother does not have sole custody if nothing is filed in court! Please be careful thinking of that. Whether on the birth certificate or not, custody has been established through the court. Both parents have equal rights . Ex: If you are the mom, and the dad takes your child for the week ( Full Answer )

What custody do a father have in Georgia not married?

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 ( Full Answer )

Can the mother get custody if the father disagree?

If the parents disagree on who should have custody of a minor child, the decision will have to be made by the courts. The court may award custody to the mother or to the father, based on a review of the situation of each and a consideration of what is best for the child in the long run.

Can father get custody if mother is unfit?

Yes. The biological father would be the next logical choice unless he has had problems in the past and has been declared an unfit parent himself. He can petition for sole custody and must provide compelling evidence to the court to prove the mother is unfit. The court will appoint a guardian ad lite ( Full Answer )

Can the father get custody if he threatens the mother?

It depends on what you call threats. And, it is unclear what you mean by your question. If he threatens to inform the court about an environment that is not healthy for the child, that is his right. If he threatens to harm her or her property due to the adversarial situation, that's is illegal and h ( Full Answer )

Do the mother automatically have custody of the child?

The law may vary from state to state and country to country. Generally, in the United States, both parents, if another parent is listed on the birth certificate or otherwise legally indicated as the father, are endowed with joint rights and custody until an agreement is hammered out in court. If no ( Full Answer )

Does birth mother have sole custody if birth father is paying child support?

An unmarried mother has sole custody in most jurisdictions until the father's paternity is legally established. It is assumed the father's paternity was established in your case if he is paying child support. You need to check all the documents associated with your particular court case to determi ( Full Answer )

Can a mother have full custody if the father is not on the birth cert?

Yes, the mother can have full custody of the child if the father's name is not on the birth certificate and he has not paid any child support. However, if you just didn't want the father's name on the birth certificate at the time the baby was born, but received child support then you may have troub ( Full Answer )

Father and Mother are not married when Mother decides she does not want to be a Mom then abandons the Father and Child. Does the Father have legal rights for full custody?

The father must establish his paternity through the courts since he and the mother were not married. He can petition for full custody. He should consult with an attorney who specializes in custody issues. The mother's abandonment can certainly be used as evidence that the father should receive legal ( Full Answer )

Does the birth mother have to file for legal custody of her son in Virginia even if there is no legal father?

No. If the mother is unmarried then she has legal custody of her child automatically. If the father wants parental rights he must establish his paternity in court. No. If the mother is unmarried then she has legal custody of her child automatically. If the father wants parental rights he must estab ( Full Answer )