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.
Yes. Parentage and custody are different things.
No she cant be the mother or have custody for a child she dont even own
Even if the father's name is on the birth certificate, and is living with the mother, except in Arizona.
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.
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.
It will be hard for him to prove it, as his name is missing.
Do the kids make fun of him for having your maiden name? Did you give him custody of the child? Is he his guardian? If so, then yes.
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.
Not if he has visitation rights or shared 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.
See Link BelowChild Custody- Can Fathers Win
Only if unmarried to the father. Single mothers have sole custody in 49 states by default. This is regardless of whether she's living with the father or not. yes but if theres no legal paperwork then its whoever is holding the child
If the father is named on the birth certificate then the mother will have to file a writ of habeas corpus to request sole custody of the child. The father will be notified of the action and will be given a chance to contest it. The court will then rule as to which parent should retain custody or if it should be shared and if the child can be taken outside of the country. If father is not named on the child's birth certificate all the mother must do is present the birth cerificate at the time she applies for a passport for the child.
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.
Yes it can.
The man on the birth certificate.
NO, HE WOULD FIRST HAVE TO ESTABLISH PATERNITY AND PROVEN TO BE THE FATHER. THEN HE WOULD HAVE TO PROVE THE MOTHER WAS UNFIT TO KEEP THE CHILD.
The father has to sign an acknowledgment.
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.
If the mother wishes to have custody of the child, she should file a motion in the appropriate courthouse.
The father must sign to add his name to the birth certificate.