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How does a dad get custody of child if not on birth certificate?
Wiki User
∙ 11y ago
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.
Wiki User
∙ 12y ago
Wiki User
∙ 11y agoDad would first need to follow prevailing law in his state or province where the child was born (if in North America or country if in another location) to establish himself as the biological parent and have the birth certificate amended based on the same. Since procedural law varies by location, it is very helpful if you would either edit your question to add that information or ask a new question including it.
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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.
Can an unmarried mother move her child out of Michigan without father consent if he is on the birth certificate but no custody for dad is established and no child support is established?
Unless you are constrained by some legal requirement you are free to travel with your children as you please.
Who has the custody of the child if the parents are not together but the child has the dad's lastname?
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 doesn't sign the birth certificate then he must seek another way to establish his paternity and that is done 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.
How can you change your surname?
My daughter has my last name, her dad isn't on the birth certificate but he does pay child support. can i change her last name when i get married and how? My daughter has my last name, her dad isn't on the birth certificate but he does pay child support. can i change her last name when i get married and how?
Missouri law Who has legal custody of minor child when parents have never married but dad is on birth records get sole custody They have never been married but the mom and dad live with their parents?
If the parents have never married and live separately with their own parents, a court would need to decide on custody. Typically, the court will place the child with the mother, but the best interests of the child are primary.
As a Divorced dad paying child support can child hyphanate last name with new dad?
Depends on whether you mean changing the birth certificate or in signing papers. If attempting to change the birth certificate, than you could sue, however simply having the child do that on school papers, not much. This can become a complicated issue, so see link below
Can you live with your dad who lives in a different state but not on your birth certificet?
Your guardian decides where you live until you are 18yo. Atm I'm guessing that is your mother. If your father wants custody of you he would have to petition the court for your custody unless your mother gives her consent. They then have to go to court and modify the custody agreement. The birth certificate is irrelevant but if you father have not been to court to prove paternity by a DNA test he does not have parental rights. He would need to do that first. Custody, visitation and child support are parental rights.
How do you get a 15 year old who Dad has physical custody of but actually resides with Mom and step dad who she says hits her to get to live in your home?
file for sole custody and file for child abuse and you will have possibly sole custody of thew child
Can a mother be charged for kidnapping by the ex who sign the birth certificate even if he is not the child's real dad?
In order for a mother to be charged with kidnapping, there must be a custody order awarding someone else custody, or her parental rights must be terminated. The police would charge her with kidnapping. The father or any other adult could report the crime to the police.
Can custody of a child be stated in a will?
If you live in the US... Children are not property and therefore cannot be 'willed'. You can state in your will who you would like to receive custody, but the court is not required to abide by it. For example, if Mom has custody of a child, she dies and her will states that she wants her sister to receive custody, but Dad wants custody...Dad gets custody, unless he can be proved unfit, because Dad has first legal right to custody (Mom's wishes don't change that).
Does the real dad have the right to be on the birth certificate?
Yes of course he does assuming that he is the real dad.
If you die does the child go to the dad?
Taht's dependent on the custody orders.
