Children and the Law
Child Support
Birth Certificates

Does the birth mother have sole custody of her child if she is not married to its father but the father of the baby has signed the birth certificate?


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2011-11-08 16:46:27
2011-11-08 16:46:27

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.

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

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.

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

No, although most courts favor custody to the mother.

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.

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 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.

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.

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.

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

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.

It matters if the father is named on the certificate as the father. If so, then he has as much rights as the mother. But in a court of law you might find the mother has a little more. Only if the mother has a problem will the father get custody. The law see's the mother as the one who the child should live with.

The mother. The father have to petition the court for shared custody.

If the father and mother are not married, the father's name is not on the birth certificate, and there is no custody agreement in place, the mother may take the child out of state. Otherwise, there would be legal consequences.

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.

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