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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.

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โˆ™ 2012-05-29 02:05:34
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Q: Does the mother have legal custody of the child?
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Related questions

If no father is listed who has legal custody of the child?

The mother. If she dies, her parents get custody.


Who has legal custody of a child in Missouri if never married?

An unmarried mother has legal custody of her child until the father has established his paternity legally.


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 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 mother take a child out of the county?

If, and only if, she has legal MAIN custody of the child, then yes.


Does a divorced father need mothers permission to take his child to the doctor?

It depends on who has legal custody.If he has sole legal custody he can make that decision alone. If he has joint legal custody he must include the child's mother in the decision. If the mother has legal custody then he does not have the right to make the decision have the child treated except in an emergency. If you have questions about your parental rights you should speak with an advocate at the court or a private attorney.It depends on who has legal custody.If he has sole legal custody he can make that decision alone. If he has joint legal custody he must include the child's mother in the decision. If the mother has legal custody then he does not have the right to make the decision have the child treated except in an emergency. If you have questions about your parental rights you should speak with an advocate at the court or a private attorney.It depends on who has legal custody.If he has sole legal custody he can make that decision alone. If he has joint legal custody he must include the child's mother in the decision. If the mother has legal custody then he does not have the right to make the decision have the child treated except in an emergency. If you have questions about your parental rights you should speak with an advocate at the court or a private attorney.It depends on who has legal custody.If he has sole legal custody he can make that decision alone. If he has joint legal custody he must include the child's mother in the decision. If the mother has legal custody then he does not have the right to make the decision have the child treated except in an emergency. If you have questions about your parental rights you should speak with an advocate at the court or a private attorney.


Will the mother get sole legal custody of the child if the parents were never married and he hasn't seen the child over 4 years?

She already has sole legal custody as an unmarried mother. He can petition for visitation and pay child support.


What happens if a father will not surrender a child that's the mother has custody of?

If mom has legal custody, call the police.


If a father has a child without custody and he goes to jail does the mother get him back?

The mother has the right to claim the child as the legal guardian of the child.


Can you get custody of your child if the mother leaves state and never has him?

If the mother has legal custody but leaves the state and doesn't have physical custody of your child then that must mean the child is with someone who doesn't have custody. I assume you are not married. In that case, you must establish your paternity in court and request legal and physical custody. If the mother has left the state without taking her child with her the court will certainly want to know who the child is with and will certainly consider awarding legal custody to the other biological parent, you.Perhaps you can convince the mother to consent to your getting legal and physical custody. If not sole custody, then joint legal and physical custody.You should consult with an attorneywho specializes in custody issues. The attorney can review your situation and explain your rights and options.


Does the birth mother have to file for legal custody of her son in Virginia even if there is no legal father?

No. If the mother is unmarried then she has legal custody of her child automatically. If the father wants parental rights he must establish his paternity in court.No. If the mother is unmarried then she has legal custody of her child automatically. If the father wants parental rights he must establish his paternity in court.No. If the mother is unmarried then she has legal custody of her child automatically. If the father wants parental rights he must establish his paternity in court.No. If the mother is unmarried then she has legal custody of her child automatically. If the father wants parental rights he must establish his paternity in court.


If unmarried who has custody of a child?

Generally an unmarried mother has sole legal custody of her child until paternity is established in court. She does not need to pursue any legal action.

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