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Answered 2007-07-26 13:22:31

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.

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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


If an unmarried couple in Wisconsin gave children the father's last name who has custody of those children?

That depends on local law but unless the father is registered as being a parent on the child's birth certificate, the custody is with the birth mother and the father has no or few rites. Also in a dispute, the courts will normally give custody to the birth mother unless there are clear overriding reasons, in the interest of the child, why this would not be appropriate.


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.


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.


If a mother has full custody of her children does the father have the right to remove his last name from the children?

Do the children have his name on their birth certificate? If so he can do what he wants, but they still have that name. He has to live with it.


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.


If your ex has the children but does not have custody and he is not on the birth certificate can he legally keep them from their mother?

no


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.


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


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.


Does a unwed mother have custody of a child if the father is on birth certificate in Ohio?

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.


If the father's name is on the birth certificate does that mean he has legal rights to keep my kids from me?

No. He will have to petition the court for shared custody. An unmarried father has no right to keep the children from their mother unless there is a court order to that effect. He has no personal legal authority to keep the children. In the absence of any order, if he takes the children and fails to return them to the mother she should call the police. Since the father didn't give birth and he was not legally married at the time of the birth he must establish his paternity legally. 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.


Why would a birth mother be getting served papers from her kids uncle if she hasn't had custody for 7 yrs?

If he has custody of the children he may be petitioning the court for a child support order against the mother.If he has custody of the children he may be petitioning the court for a child support order against the mother.If he has custody of the children he may be petitioning the court for a child support order against the mother.If he has custody of the children he may be petitioning the court for a child support order against the mother.


Can a man who is not the birth father get custody of a child in a divorce proceeding?

Yes, but only under extraordinary circumstances. For example, if the mother is deemed unfit, the biological father is not in the picture and the man gets custody of other children of the marriage with whom the child has a bond.


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.


Can you move out of the state of VA with children without the consent of the biological father?

If the father and mother are not married, the father's name is not on the birth certificate, and there is no custody agreement in place, the mother may take the child out of state. Otherwise, there would be legal consequences.


What if there is no court order of custody and father took child from mother?

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.


Does the birth mother need to establish custody?

If unmarried she automatically has custody from birth.


How can a father gain custody of his children from the birth mother without having a job?

It is not likely the court would grant custody to a parent with no means to support the child(ren). Unless there are unusual circumstances in the situation. One of the main concerns of the court is the children are adequately provided for in terms of shelter, food, clothing, medical care, etc. As well as being loved and nurtured.


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.


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 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.