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No, although most courts favor custody to the mother.

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Q: Does the birth mother have automatic custody if she and father are married?
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Related questions

Your mother has full custody. Would your father have to consent for you to get married?

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


In New Mexico who has custody of children if the parents are not married?

The mother assumes automatic custody, unless she is unfit.


What rights does a mother have if custody hasn't been established?

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.


Can a mother keep a child away from the father if they are still married?

No, if they are married they have equal custody.


Who gets custody of a child born in prison in AZ mother is in prison father is not they are married.?

If they are legally married, the father gets rights until mother gets out of prison, after that it is up to the state. If not legally married, they go into state custody.


The Child's mother dies grandma want custody of the child over the father who was married to the mother at the time of death but DNA says the father is not the biologicial father?

He can still gain custody as the presumptive father.


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 custody. He is providing the day to day care of the child.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 custody. He is providing the day to day care of the child.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 custody. He is providing the day to day care of the child.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 custody. He is providing the day to day care of the child.


If the mother has sole physical custody and shares joint legal custody with the father the two never married if the mother dies does custody automatically go to the father?

Does anyone know? we asssume this in happening in the U.S..


Is sole custody given to the mother by South Dakota law if she and the father were never married?

In 49 states the mother has sole custody and control.


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.


If the mother has sole physical custody and shares joint legal custody with the father the two never married if the mother dies can her husband who is not the baby's biological father assume custody?

No, unless the baby's biological father relenquishes his parental rights, he would get custody of the child if the mother dies, not her husband. The biological father must sign his rights away to the mother's husband.


When No custody agreement in effect and father didnt return child to mother?

If married, he doesn't have to.