answersLogoWhite

0


Best Answer
Copy

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 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 birth he can establish his paternity through a DNA test. A paternity test can be arranged through the court. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.

2012-05-10 15:43:41
This answer is:
πŸ€“
🀯
πŸ€”
User Avatar

Add your answer:

Earn +5 pts
Q: Does the birth mother have sole custody of the child if she and the father were not married?
Write your answer...
Submit

Related Questions

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

No, although most courts favor custody to the mother.


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 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?

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.


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 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.


Can a father take his children if he and the mother were never married and there is no custody order?

No, he would be charged with kidnapping. She has custody since birth since they were never married and he never went to court for custody.One case can be, if the mother is not financialcapable to care of the child, the the father may proceed but firstly the mother must be agree for that.


When the court orders DNA from the presumed Father does the minor child get returned to the mother during this process?

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 birth he can establish his paternity through a DNA test. A paternity test can be arranged through the court. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.Generally, A "presumed father" has no legal custody unless he is married to the mother at the time of the child's birth. If the parent's are both married to each other they each have custody.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 birth he can establish his paternity through a DNA test. A paternity test can be arranged through the court. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.Generally, A "presumed father" has no legal custody unless he is married to the mother at the time of the child's birth. If the parent's are both married to each other they each have custody.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 birth he can establish his paternity through a DNA test. A paternity test can be arranged through the court. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.Generally, A "presumed father" has no legal custody unless he is married to the mother at the time of the child's birth. If the parent's are both married to each other they each have custody.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 birth he can establish his paternity through a DNA test. A paternity test can be arranged through the court. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.Generally, A "presumed father" has no legal custody unless he is married to the mother at the time of the child's birth. If the parent's are both married to each other they each have custody.


Does the mother get sole and legal custody of kids if never married the father in California?

She has it be default at the time of the birth. see link


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.


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.


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 rights does the father have as her child's birth father?

If not married he has to prove paternity in court to get his parental rights. He can then petition for custody, visitation and pay child support. If married to the mother they have equal rights to the child.


What are the rights a father has in Arkansas if the mother and father are not married?

Generally, if the parents are unmarried the mother has sole custody and control 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 birth he can establish his paternity through a DNA test. A paternity test can be arranged through the court. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.Generally, if the parents are unmarried the mother has sole custody and control 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 birth he can establish his paternity through a DNA test. A paternity test can be arranged through the court. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.Generally, if the parents are unmarried the mother has sole custody and control 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 birth he can establish his paternity through a DNA test. A paternity test can be arranged through the court. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.Generally, if the parents are unmarried the mother has sole custody and control 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 birth he can establish his paternity through a DNA test. A paternity test can be arranged through the court. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.


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.


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.


Does the mother have legal custody of the child?

In general, yes, if they are not married. Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Since the father didn't give birth and he was not legally married at the time of the birth he must establish his paternity through a DNA test. A paternity test can be arranged through the court. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.


Who has custody rights in Nebraska if the parents are not married?

Generally, if the parents are unmarried the mother has sole custody and control 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 birth he can establish his paternity through a DNA test. A paternity test can be arranged through the court. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.


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.


How can a father get custody of his children from there birth mother?

A father can get custody of the children if it can be demonstrated that that is in the best interest of the child. The father being the primary caregiver would help.


What are an unwed mother's custody rights?

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 birth he can establish his paternity through a DNA test. A paternity test can be arranged through the court. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.


Does a father have rights if child is not legitimized?

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 birth he can establish his paternity through a DNA test. A paternity test can be arranged through the court. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.


Can a single mother gain sole custody of her child in California?

Generally, an unmarried mother has sole custody until the father obtains a court order that established his paternity.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 birth he must establish his paternity through a DNA test unless his name was entered into the birth record. A paternity test can be arranged through the court. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.Generally, an unmarried mother has sole custody until the father obtains a court order that established his paternity.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 birth he must establish his paternity through a DNA test unless his name was entered into the birth record. A paternity test can be arranged through the court. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.Generally, an unmarried mother has sole custody until the father obtains a court order that established his paternity.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 birth he must establish his paternity through a DNA test unless his name was entered into the birth record. A paternity test can be arranged through the court. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.Generally, an unmarried mother has sole custody until the father obtains a court order that established his paternity.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 birth he must establish his paternity through a DNA test unless his name was entered into the birth record. A paternity test can be arranged through the court. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.


Who has custody rights minor birth mom or legal adult birth father?

Single mother has sole control and custody, regardless of age, at the time of the birth. Father has a child support obligation, only.


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


Who has legal custody of minor child when parents have never married in Louisiana?

The unmarried mother has sole custody and control in every state at the time of the birth until the father establishes his paternity in the family court.