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If you are married, yes.
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 by signing the birth certificate at the time of birth (waiving DNA testing rights) which must be done with mother's consent. If he doesn't sign the birth certificate then he must seek another way to establish his paternity and that is done through a DNA test.
A paternity test can be arranged through the court. Once paternity has been established the father can request visitations, joint custody, full custody or the court will set up a schedule of regular child support payments for the child if she is to remain in the custody of her mother. The court will schedule a hearing and issue an order that is in the best interest of the child.
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∙ 12y ago
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Who has the right of custody to a child born out of wedlock under Alaska law?
The mother. The father have to petition the court for visitation right and custody.
Does the father of a child have any rights to the child if the mother has 100 percent custody?
He has the right to petition the courts for visitation.
Who has legal custody of a minor child when parents never married in Georgia?
The mother. The father have to petition the court for custody or visitation right.
Does a father with shared custody have the right to make a choice that his child and mother of child cannot live with boyfriend?
No, he only have rights to say about the child and not the mother's personal life.
Do you have the right to get the child from the custody of her mother?
You have the right to file for a change of custody with the court. You will have to present convincing evidence that the child's mother is unfit to retain custody of the child. Frankly: It is a stiff burden of proof to overcome to convince the court to remove a child from its mother's custody.
What rights does a unwed father have if he signs the birth certificate in Louisiana?
he has the right to fight for custody of the child involved but in the end depending on the situation the mother would be granted soul custody unless the mother is less fit than the father to raise the child
Is it a crime if a father forcefully take infant out of house without mother's consent?
If you mean that the father hit the mother, and that is the reason she left the father, then no, that is not grounds to obtain custody. The courts usually award custody to the mother, unless she is unable to care for the child, or if she has been proven an unfit parent. Hitting a woman, especially the mother of your child, may actually go against you in a custody suit against the mother, and the mother had every right to take the child and leave if the father of her child hit her. The courts may also look at it as if the father hits the mother, then he may hit the child, too.
What legal right do have if the mother is receiving child support for a child that is not in her care?
If you are the father, file for custody. As for the child support, until custody is decided, request the payment be sent to whomever has the child, plus that the mother be ordered to pay. see links below
If the mother is an illegal immagrant and can not work in the US can the father who is a USC get 100 percent custody of the child but also allow mother visitation right?
First off, a single mother, regardless of status, has sole custody. The father has no assumed parental right, so he will be starting from scratch. Can he get custody? There's no more guarantee in this than for any single father. see link
Can a mother and her boyfriend or husband file for full custody of the mothers children together that you share joint custody with your exhusband who is the childrens father?
Boyfriend or husband (unless he is the biological father) has no legal right to the child at all. The mother can try to go for full custody though.
Can a mother be charged with parental kidnapping if she takes her child out of state and she was never married to the father?
Yes, if:- The father retains sole physical custody of the child, the mother has visitation rights and took the child out-of-state during a time she did NOT have visitation with the child; OR- The father retains sole physical custody of the child, the mother has absolutely no parental rights to the child and took the child out-of-state at any time.No, if:- There is a custody arrangement in place, whether as a written or oral agreement between the her and the father, or as an Order for Child Custody, and the mother retains primary or joint (equally shared) physical custody of the child; OR- There is no custody arrangement in place between her and the father, and there is no Order for Child Custody in place, but she retains primary or sole physical custody of the child and/or the father never bothered to petition for custody; OR- There is a custody agreement in place between her and the father, or there is an Order for Child Custody, and the father retains primary or sole physical custody of the child, IF the mother has visitation rights and chose to take the child out-of-state while she had visitation with the child;- Just about any other scenario, other than the two described above under "yes," not otherwise described here.To sum this up, no, the mother probably cannot be charged with parental kidnapping simply for taking her child out of state. The mother has a legal right to travel wherever she chooses with her child unless a court tells her otherwise. In fact, the mother may move out-of-state with the child permanently if she so chooses, and there is nothing the father can do.The fact that the mother and the father were never married is completely irrelevant. The only difference between unmarried parents and divorced parents, is that divorced parents usually submit a custody plan to (or, more often, one parent receives an Order for Primary Physical Custody from) the family court, which explicitly outlines which parent has custody and which has visitation. If the parents never married, and the child lives with the mother, she is the custodial parent (which means she has primary physical custody of the child) and she can take the child wherever she pleases, whenever she wishes. The father has no legal claim to or right to control how the mother cares for the child while she retains custody, and the mother is certainly not required to seek permission or even notify the father of her intent to leave the state with her child so long as she retains custody,
Can a father who has joint custody with the mother stop her from moving in state without providing proof of residency?
The mother must provide the address where the child will be living because the father has the right to that information in the best interest of the child. If she does not, the father should return to court and request a hearing on the issue. A mother who continues to be uncooperative in that way could lose custody.The mother must provide the address where the child will be living because the father has the right to that information in the best interest of the child. If she does not, the father should return to court and request a hearing on the issue. A mother who continues to be uncooperative in that way could lose custody.The mother must provide the address where the child will be living because the father has the right to that information in the best interest of the child. If she does not, the father should return to court and request a hearing on the issue. A mother who continues to be uncooperative in that way could lose custody.The mother must provide the address where the child will be living because the father has the right to that information in the best interest of the child. If she does not, the father should return to court and request a hearing on the issue. A mother who continues to be uncooperative in that way could lose custody.
