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Answered 2014-12-07 03:04:15

Generally, yes. However, custody is a complicated issue and is generally determined by a judge.

  • If no custody order has been issued when it pertains to a married couple the law presumes both biological parents to have equal custodial rights.
  • If the couple is unmarried the mother has full legal rights to the child until the father establishes paternity and is granted custodial or visitation rights by the court.
  • Custody orders are made part of a divorce when there are minor children of the marriage. Custody labels change depending upon the jurisdiction in which you reside. It is important to know and understand the proper custody labels and have them applied in your child custody order.

Generally there are two types of custody addressed by courts:

  • Legal Custody: Legal custody refers to making major decisions in your child's life such as medical and health related decisions, education, and welfare.
  • Physical Custody: Physical custody refers to which parent the children reside with on a day to day basis.

Sole Legal

One parent has the right to make any decisions that affect the child.

Joint Legal

Both parents have the right to be involved in decisions regarding the child.

Sole Physical

The child resides with one parent who is said to have primary physical custody. The other parent may or may not have visitation rights pursuant to a visitation schedule either issued by the court or arranged by the parents.

Joint Physical

Arrangements are designed that provide the child will spend 50% of their time with each parent. Child support is modified based on this time split and the differences between their incomes.

Generally the phrase full custody is used casually to refer to a parent with sole legal and physical custody. Sole legal custody means that the parent has the right to make all decisions that affect the child. That includes such things as where the child resides, attends school, medical treatment, etc. Joint legal custody means the parents both have an equal right to make decisions regarding the child and one must consult the other before making important decisions. Primary physical custody refers to the parent with whom the child resides the majority of the time.

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Does the father of a child have to pay support if the mother does not work?

Yes the father would still have to pay child support if he did not have custody of the child and the mother did not work.


Can a mother chose for the father not to pay child support?

Yes, as long as you have custody of the child/children. Just as the mother can choose for the father to PAY child support.


If the father has custody but the mother raises the child can the mother get partial custody of the child?

If the mother is raising the child and the father has custody the mother should return to court and petition for custody and child support, especially if this is a matter of control. She should consult with an attorney or other legal advocate.


If a father has custody can he keep the child from her mother if she is not paying child support?

No, child support and child visitation are two different matters. Neither a father nor a mother can be denied visitation based on the fact that they are not paying child support.


Is the child state property if the parents are not legally married?

No. A child is no one's property. An unmarried mother has sole custody until the father establishes his paternity in court. Once paternity is established the father can petition for custody and/or visitation and the court can prepare a child support order as necessary if the mother retains sole physical custody.No. A child is no one's property. An unmarried mother has sole custody until the father establishes his paternity in court. Once paternity is established the father can petition for custody and/or visitation and the court can prepare a child support order as necessary if the mother retains sole physical custody.No. A child is no one's property. An unmarried mother has sole custody until the father establishes his paternity in court. Once paternity is established the father can petition for custody and/or visitation and the court can prepare a child support order as necessary if the mother retains sole physical custody.No. A child is no one's property. An unmarried mother has sole custody until the father establishes his paternity in court. Once paternity is established the father can petition for custody and/or visitation and the court can prepare a child support order as necessary if the mother retains sole physical custody.


If the child lives with father but the mother received custody in the divorce does father still pay the mother child support?

If the divorce ordered the father to pay support, he owes that support until/unless the order is modified.


Can a Mexican mother claim child support from a father living in the US?

Any mother can go to court in the US to claim child support form the father for a child she is caring for. Babies are not born by spontaneous combustion. The father is as responsible for the child's welfare as is the mother. If the child is living with the father and custody given to the father, the mother is liable for child support, too.


If a father pays child support in the state of Georgia can he take the child from the mother?

A father has no right to "take the child from the mother" under any circumstances. Custody is determined by a court order. Obviously, in this case, the court has established a child support order and a custody order. Generally, the father must provide evidence that the mother is unfit in order to obtain custody through the court. Paying child support doesn't give any right to take the child from its mother.


Does the father still pay child support if the mother voluntarily gives custody to someone else?

No, if the mother voluntarily gives cutody to someone else, she can no longer be paid child support because she no longer has custody of the child. What happens now is the father can obtain custody because he does have rights or the person who has custody and have legal guardianship can file for assistance in which child support can be included or filed.


Does a father still have to pay child support if the mother is granted sole custody of a child?

Unless the father has his parental rights terminated, of course he needs to support his child -


Does mother have to pay child support if father has custody?

Yes, if the courts say so.


Does the mother have to pay child support?

Yes. If the father has sole custody or physical custody the mother will be required to pay child support under normal circumstances. Both parents are responsible for supporting their children.


Can a father work and collect welfare on a child he has shared custody and mom pay child support?

Yes, if the father has more time with the child than the mother, she will owe him child support.


Does the father have custody of a child if he does not sign the birth certificate?

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Father has full custody of children. Mother pays child support for them. Who is responsible for child care expenses?

The father does, since the mother is paying her share towards the children in the form of child support.


Does a mother have to pay child support if the father has physical custody of the child?

If mom is a non-custodial parent, it's likely she will have to pay child support.


If spouse takes child out of state against your wishes can she collect child support?

If the mother has the full custody then she can take the child, and she can get the child support. If she doesn't have the full custody, then she is not allowed to take the child without the father consent, but she still can get the child support.


If the mother doesnt work but has less custody then the father does the father have to pay child support?

Do what the court says, but fight for it.


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


IN the state of Missouri does an unwed mother automatically have legal custody of the child?

Sole custody and control. Father has nothing except a child support obligation.


If child support hearing is set and mother has left the child with the grandmother can the father file for full custody?

Yes; he can.


How can you get custody of a child when the mother left the state they where living in with the child?

Normally child custody sides with the Mother not the Father.


What happens to the child support payments when the mother of the child dies and the father has legal joint custody?

Presumably the father will take full custody of the child and he should notify the court of the death so the child support order can be terminated.Presumably the father will take full custody of the child and he should notify the court of the death so the child support order can be terminated.Presumably the father will take full custody of the child and he should notify the court of the death so the child support order can be terminated.Presumably the father will take full custody of the child and he should notify the court of the death so the child support order can be terminated.


Do both the mother and father have to pay child support if grandmother has custody?

It's quite possible.


If the mother has no income can the father get custody?

Having no income is not a reason for making a change in custody. The father should be paying child support so the mother has some income coming into the home.


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