You will find it very hard my friend, I am a single parent myself with custody of my two daughters, the only reason I have custody of them is that they were old enough to tell the court that they wanted to be with me and not with their mother, but obviously your child is not old enough to do this. If you can prove she is a bad mother then that will go a lot in your favour but apart from that, you are up against it. Good luck.
If the father did not sign the birth certificate, then you already have sole custody.
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.
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.
Even if the father's name is on the birth certificate, and is living with the mother, except in Arizona.
Yes. Parentage and custody are different things.
No she cant be the mother or have custody for a child she dont even own
The father gets custody once proof of paternity is established
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.
No, you put the father on the birth certificate! Then it wouldn't be a birth certificate!
No, as he has no legal rights to the child even if he sign the certificate himself. You will need to file for custody. see links below.
in the state of north carolina if the fathers name is not on the birth certificate can he file for custody?
In most states, the biological mother receives presumptive custody unless and until modified by court order.
It depends on state law, but usually more than a name on a birth certificate is required for an illegitimate father to obtain custody or parental rights. He have to provide a DNA test to prove he is the father and then he can petition for custody.
Yes, if there is no father's name or signature on the birth certificate everything should be fine. If there is, you would have to get that person on the birth certificate, whether father or not, to relinquish his custody.
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.
Yes he can. The birth certificate does not give him parental rights, only the court can when he presents the DNA result. But if the mother is in the picture it will be shared custody at the most unless she is unfit.
Depends on the state
It will be hard for him to prove it, as his name is missing.
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 the parents are unmarried, simply being the name on the birth certificate doesn't bestow any custody rights. An unmarried father must establish his paternity in court and arrange for a custody hearing if he wants 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 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 signs the birth certificate he may still need to establish paternity through DNA testing. If he doesn't sign the birth certificate then he must establish his paternity 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.
Not if it's court ordered. If another man signed the birth certificate and the mother knew he was not the biological father she is guilty of fraud. The father can ask for a court ordered DNA test to prove he is the biological father and she can not refuse this. He can then proceed to get his name on the birth certificate and also get visitation, pay child support and petition for custody.
If the father wants custody rights, this would be usable in court.
The biological father does have parental rights but he have to petition the court for visitation rights and 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.