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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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โˆ™ 2011-11-08 16:46:27
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Q: 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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Does the birth mother have sole custody of her child if she is not married to its father but the father of the baby is not on the birth certificate?

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


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


Does the mother have sole custody at birth if the father's name is on the birth certificate?

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.


Does the mother get sole custody of children if never married to the father if they split up even though he is on one of the six kids birth certificate by Michigan law?

Except in Arizona, the mother has sole custody and the father has to apply for his rights through the courts.


What is the fathers rights if he is on the birth certificate and he and the mother were never married?

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.


Who has legal custody rights until judges says different if the parents are not married he is on the birth certificate and is married to someone else?

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.


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.


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

No, although most courts favor custody to the mother.


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.


Can you move out of the state of VA with children without the consent of the biological father?

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.


Does a unwed mother have custody of a child if the father is on birth certificate in Ohio?

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.


Who gets custody if the unmarried single mother dies and father is not named on birth certificate?

The father gets custody once proof of paternity is established


Does the mother have full custody of child if father is not in picture at all and name is not on birth certificate and they were never married?

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.


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.


How can an unmarried mother obtain authorization to take her young son overseas if she and the child's father have never been married or established custody and the father will not sign the forms?

If the father is named on the birth certificate then the mother will have to file a writ of habeas corpus to request sole custody of the child. The father will be notified of the action and will be given a chance to contest it. The court will then rule as to which parent should retain custody or if it should be shared and if the child can be taken outside of the country. If father is not named on the child's birth certificate all the mother must do is present the birth cerificate at the time she applies for a passport for the child.


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.


Can a married father take the child from the married mother if he's on the birth certificate?

Issues of child custody are not settled by names on birth certificates. Generally, the court will try to determine what is in the best interest of the child. Who is a better parent, the father or the mother? Who will take better care of the child? That is the issue.


Who has legal custody of minor child in FL when parents never married but father signed birth certificate how does minor change his name when one parent contests it?

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.


If the mother and father are not married but the father's name is on the birth certificate can the father take off with the child?

NO. An unmarried mother has sole legal custody of her child in most jurisdictions. Unmarried fathers must establish their paternity legally and then petition the court for a custody or visitation order. Even after establishing paternity an unmarried father cannot just take the child. If he does, the mother should call the police immediately.


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.


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 trouble getting full custody.