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

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โˆ™ 2009-07-10 20:20:51
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Q: How do you gain custody over your child if the father does not sign the birth certificate?
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Related questions

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.

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.

Can an unmarried father be on a child's birth certificate and still not have custody?

Yes. Parentage and custody are different things.

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

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.

Can a mother have full custody if the father is not on the birth cert?

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.

Man signed birth certificate that's not the father there is a bio father and the child is not living with the mother which is unfit so does the bio father have 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.

If a father doesn't get his name put on a birth certificate will he still be able to get custody of the child?

It will be hard for him to prove it, as his name is missing.

If your son father name is not on the birth certificate and the child is carrying your maiden name and is living with his father means that now the father has sole custody of the child?

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.

Who gets custody of a child when mother hangs herself and the father is on birth certificate?

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.

Can single mother leave custody of child to another family member in her will if father is not on birth certificate even if paternity is proved?


Are you allowed to take your child out of the country without telling the father even if his names on the birth certificate?

Not if he has visitation rights or shared custody.

If the fathers name is on birth certificate but child has mother's last name does that give father rights?

If the father wants custody rights, this would be usable in court.

What if the father signed birth certificate and wants to have power over child out of wedlock?

The biological father does have parental rights but he have to petition the court for visitation rights and custody.

How do you file for custody in Arizona I am on the child's birth certificate?

See Link BelowChild Custody- Can Fathers Win

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

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

How can an unmarried mother obtain authorization to take her young son overseas if she and the child's father have never been married or established custody and the father will not sign the forms?

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.

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.

Can a child be adopted if there is no father on the birth certificate?

Yes it can.

Who is the legal father of your child the man you are married to or the man on the birth certificate?

The man on the birth certificate.

Can a father gain custody even if his name is not on the birth certificate?


Does the father have to be present to be on a child's birth certificate?

The father has to sign an acknowledgment.

Does the unmarried mother still have custody of a child if that child has the fathers last name?

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 father signs the birth certificate and they are unwed can he take the child without consent to live with him?

If the mother wishes to have custody of the child, she should file a motion in the appropriate courthouse.

Can you put your child's father name on the birth certificate even if you are not married to that person or does he have to sign the birth certificate?

The father must sign to add his name to the birth certificate.