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2010-10-17 18:40:52
2010-10-17 18:40:52

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.

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Related Questions


in the state of north carolina if the fathers name is not on the birth certificate can he file for custody?



No, Arizona is the only state in America where single fathers have a presumption of joint custody and can even take the child home from the hospital if they have signed the birth certificate.


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


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.


Fathers with parental rights are not always listed on the birth certificate.



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.


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.


In general the mother. The father has to petition in court for visitation and custody after he has established paternity by DNA test. Then he can also pay child support.


Yes, to stop him from going for custody, even in states where he' not allowed to to stop her collecting child support on a child that's not his.



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.




If his name is on the birth certificate he is the legal parent along with the mother. If they have split up she can go to court and ask for custody.


Having one's signature on the birth certificate is a good first step, but it will not automatically give custody to that man. The court will look at all of the circumstances of the case.


If the father did not sign the birth certificate, then you already have sole custody.



If you live in the US... The child having the father's last name has NOTHING to do with custody. If Dad is listed on the birth certificate as the father, then both parents have equal custodial rights until a court declares otherwise--you need a custody order. If Dad is not listed on the birth certificate, it will be a simple thing for him to petition the court to establish paternity and once that's done he can then petition for custody/visitation.


Regardless of age, the mother can never put the father's name on the birth certificate. The father must sign an acknowledgment of paternity to do this. The mother's age is irrelevant.


In most states, the biological mother receives presumptive custody unless and until modified by court order.


When the parents are unmarried the mother has sole custody until the father establishes his paternity legally in court. Once established he can request joint custody and/or a visitation schedule. He will also be subject to a child support order.


Yes, it's a GLASS CEILING thing, only fathers are relegated to subbasement with no stairs to climb. see link below


If unmarried she automatically has custody from birth.



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