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No, although most courts favor custody to the mother.

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โˆ™ 2011-04-10 23:45:06
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Q: Does the birth mother have automatic custody if she and father are married?
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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.


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

The mother assumes automatic custody, unless she is unfit.


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.


If the mother and father were not married when they had a child does the mother get full custody of the child?

In the United States an unmarried mother has legal custody of her child unless and until the father establishes his paternity in court and requests custody and/or visitations.


Can a father take their child away from its teen mother?

If not married the custody belong to the mother automatically and the father have to go to court to get visitation rights or custody. If the mother can not take care fo the child and neglects it, the father can alsoi get 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.


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..


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

No, if they are married they have equal custody.


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 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.


Who has the custody of a child if the parents aren't married in Michigan?

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


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?

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


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.


What rights does a father have if not married to the mother?

As long as the father is a good father, he will have the same rights as the mother. You may be even able to get 50% custody of the child.


Does an unwed mother in new york get automatic custody?

It's not clear what you mean "automatic custody." The default state is for the natural parents of a child to be the custodians of that child; if the mother is not married or at least cohabitating with the father it's generally assumed that she will be the custodian. Changing that requires a deliberate legal process. If someone (for example: the child's natural father, or the child's grandparents) wants to contest it, they will have to go to court. In that case, while it's not "automatic" that the mother will win, courts do traditionally have a strong bias in favor of the natural parents (again, particularly the mother).


What rights to custody does a noncustodial parent have when there is no custody agreement?

Single father has none. Married father is equal to that of the mother, but in application, unenforceable. see links


Who has custody if the father of your child and you never were married?

Generally in the United States an unmarried mother has sole custody until the father has established his paternity legally.


What rights does a father have in custody of child?

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.


What is Winnie's punishment in tuck everlasting?

"She was confined to the yard indefinitely and could go nowhere ."


Can a mother get her children if the father has had them and refuses to let her see them but the parents were never married and there is no court matters dealing with custody?

Since there is no court order and you were never married it is the mother that have custody. He can be charged with kidnapping.


What can you do if the mother will not allow the children see or talk to their father abruptly?

It depends on the custody order already in place. If the mother is violating the custody order, the father can sue her for contempt, and ask that she be appropriately sanctioned. If there is no custody order in place, the father will need to sue the mother for legitimation or divorce, depending on whether they are married, and ask that custody be determined.


If mother has sole custody never married father can husband get custody of step child before mother dies?

Depends if it is a single trailer or a double-wide


Does California automatically grant unwed mother sole custody of child?

It is not a grant. A married couple has legal custody of their child by virtue of being legally married. An unmarried mother has sole custody of her child, since there is proof that she gave birth to the child, until the father establishes his paternity legally. Once he has established his paternity the father can request custody and visitations.