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An unmarried father must establish his paternity and arrange for a custody hearing if he wants custody, joint custody or a court ordered visitation schedule. You should be represented by an attorney because this is an important issue and you should have the opportunity to be a part of your child's life. An attorney knows the court, your rights and can do the best job of presenting your case to the court.

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 or full custody. If the father desires a visitation schedule he can request that the court issue a visitation schedule. The court will also issue a child support order if the child is to remain in the custody of her mother. The court will schedule a hearing and issue orders that are in the best interest of the child.

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โˆ™ 2011-08-31 12:15:05
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Q: How does a father file for joint custody of his child when parents where never married and mother won't let him have visitations?
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Related questions

What are child custody laws when the parents are not married?

Generally, in the United States, an unmarried mother has sole custody of her child until the father has established his paternity in court. When he does establish his paternity he can request custody, visitations and a child support order can be entered.


If the mother and father were not married when they had a child does the mother get full custody of the child?

In the United States an unmarried mother has legal custody of her child unless and until the father establishes his paternity in court and requests custody and/or visitations.


Can a mother take her child from its father and keep it with her at her house if there is no residency order in place?

If the parents are married they both have equal right to the child unless one party gets temporary custody pending a divorce. If they are unmarried and have never been married the mother automatically has custody. The father would have to go to court to establish his paternity and petition for joint custody and visitations.


What rights does a non custodial parent have if there is no court order?

It depends on marital status. If married, parents have equal parental rights. If unmarried, the mother has custody and the father must establish his paternity legally. Once established he can request joint custody and visitations.


Will my child get his fathers last name in the state of Georgia since we are not legally married?

Your child will get the name you give him if you are the mother. It the parents are not legally married then the mother has the right to choose the child's name. The father must establish his paternal rights in court after the child is born. Then he can petition for joint custody, visitations and a child support order can be established.Your child will get the name you give him if you are the mother. It the parents are not legally married then the mother has the right to choose the child's name. The father must establish his paternal rights in court after the child is born. Then he can petition for joint custody, visitations and a child support order can be established.Your child will get the name you give him if you are the mother. It the parents are not legally married then the mother has the right to choose the child's name. The father must establish his paternal rights in court after the child is born. Then he can petition for joint custody, visitations and a child support order can be established.Your child will get the name you give him if you are the mother. It the parents are not legally married then the mother has the right to choose the child's name. The father must establish his paternal rights in court after the child is born. Then he can petition for joint custody, visitations and a child support order can be established.


What happens with sole custody after the father is awarded visitation in Tennessee?

The mother can still have sole legal and physical custody when the father is awarded visitations. Custody and visitations are separate matters. The mother would be required to obey the visitation schedule.


Who has the custody of a child if the parents aren't married in Michigan?

The mother. The father have to apply for visitation and custody in court.


Can your huband order joint custody from jail if he cant prove he is the father?

If you were married to him when you gave birth to the children he is presumed, by law, to be their father. If you are still married he doesn't need to petition for custody but he can petition for visitations. If you know he is not the father then you should consult with an attorney who specializes in custody issues to determine your options under the law in your jurisdiction.


Who has legal right over the child the mother or father?

The answer depends on many factors including the laws in your jurisdiction and marital status. Generally:If married both parents have equal parental rights over the child.In the case of a divorce, if the parents cannot agree on a custody arrangement the court will issue a custody order based on physical and legal custody and visitation orders.If the parents are unmarried the mother has sole custody until the father can establish his paternity legally. Once he has established his paternity he can petition for custody and visitations.


Who has custody of a child if not married and separated?

Generally, in the United States, an unmarried mother has sole custody of her child until the father has established his paternity in court. When he does establish his paternity he can request custody, visitations and a child support order can be entered.


Who has custody when both of the parents names are on the birth certificate?

Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. 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.


Who has custody rights in Nebraska if the parents 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.

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