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Would probably depend if the father was married to the mother or not. Ask the hospital or the records division (birth, death, marriage license) in your town. If you aren't married, you may have to prove paternity then file for custodial rights. If you are married, it may be similar to whatever happens when a child is born and the father has been deployed.

2015-07-16 19:23:40
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Related Questions

How do you gain custody over your child if the father does not sign the birth certificate?

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


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.


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 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


Who gets custody if the unmarried single mother dies and father is not named on birth certificate?

The father gets custody once proof of paternity is established


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.


Do you have to put your husband on a birth certificate even if he is not the father?

No, you put the father on the birth certificate! Then it wouldn't be a birth certificate!


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.


Do I need to file for custody if father's name is not on the birth certificate?

in the state of north carolina if the fathers name is not on the birth certificate can he file for custody?


Who Gets Custody When the Father is Not on the Birth Certificate and unwed?

In most states, the biological mother receives presumptive custody unless and until modified by court order.


Can father sign birth certificate allowing him to immediately enforce his paternal rights and full legal guardianship with physical custody of newborn before DHS interferes on behalf of unfit mother?

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.


Can your new spouse adopt your children from a previous relationship if the biological father is unknown?

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.


Does the mother have sole custody at birth if the father's name is on the birth certificate?

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.


Can a father get custody if he did not sign the birth cerificate but the DNA test said he the father?

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.


If you used to be guardian but then grandmother got custody do you have to pay support if your name is on birth certificate but your not biological father?

Depends on the state


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.


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.


What is the legal time for a father to sign the birth certificate?

A birth certificate can always be amended to include the father's name but typically this is done within a few days of the child's birth.


Does the father of the child get custody if his name is on the birth certificate?

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.


Can a mother refuse a DNA to the father if another man is on the birth certificate?

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 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.


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.