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Unless the mother is considered an "unfit mother" (doing drugs, sleeping around, etc.) then the courts often leave the child with the mother. The courts take into consideration the welfare of the child and who is able to give the quality of time to the child. However, the father has the right usually to see their child, so, perhaps the court system will allow the child to see their father on holidays for a month or two out of the year. You really need a lawyer for this one. Marcy

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โˆ™ 2006-01-17 20:27:13
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Q: If the the father is from the UK and the mother is from the US and the child is born in the US who gets custody of the child if the couple divorces?
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If the the father is from the UK and the mother is from the US and the child was born in the US who gets custody of the child if the couple divorces?

It doesn't matter where the parents are from. It is decided as in all other divorce cases. Who the court believes would provide the best stability to the child.

Does the father get custody if the mother dies?

The father would be the favored person to get legal custody if the mother had custody and died unless he was found to be unfit to have custody.

The agreement between 2 parents is custody to mother but weekends for father if the mother dies who would get custody?

the father gets the custody of the child if the mother dies

What does custody of children mean?

Basically it means getting to be the legal guardian of children. For example, if a couple divorces and the mother is given custody of the children, she then becomes the children's legal guardian and they will usually live with her, often with visits from the father.

If a boyfriend leaves his pregnant girlfriend could he get custody of the baby?

As unfortunate as this may be it is possible for the father to get custody of the baby, but not full custody unless the mother is proven unfit. Because reguardless of what happened between the couple the father is still the father of the child, and the father still has his rights as a father to be a part of his child's life.

Does California automatically grant unwed mother sole custody of child?

It is not a grant. A married couple has legal custody of their child by virtue of being legally married. An unmarried mother has sole custody of her child, since there is proof that she gave birth to the child, until the father establishes his paternity legally. Once he has established his paternity the father can request custody and visitations.

Can a mother get full custody if the father is a convicted felon?

I believe that the Mother should always have full Custody.. After the father is a convicted felon

Can a father have joint custody?

Joint custody is between two parents, which are usually a mother and a father.

Who usually gets custody the mother or the father?

In most circumstances the mother gets primary custody.

How often is the father awarded custody of the child over the mother?

How often is the father awarded custody of the child over the mother in North Carolina?

Can a father get custody before the mother?

No, but the father can get the custody if he proves that the mother has bad habits like alcoholic or consume drugs.

Can a father take their child away from its teen mother?

If not married the custody belong to the mother automatically and the father have to go to court to get visitation rights or custody. If the mother can not take care fo the child and neglects it, the father can alsoi get custody.

If the mother has sole physical custody and shares joint legal custody with the father the two never married if the mother dies can her husband who is not the baby's biological father assume custody?

No, unless the baby's biological father relenquishes his parental rights, he would get custody of the child if the mother dies, not her husband. The biological father must sign his rights away to the mother's husband.

If the father has custody but the mother raises the child can the mother get partial custody of the child?

If the mother is raising the child and the father has custody the mother should return to court and petition for custody and child support, especially if this is a matter of control. She should consult with an attorney or other legal advocate.

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 father who has joint physical custody of his son be granted sole physical custody if the mother is in jail?

Either parent can have physical custody in a joint custody arrangement. If there is a court order granting the mother physical custody the father should notify the court of the mother's incarceration and have that order modified unless he wants the mother to resume physical custody when she is released.

Can a father take a child out of state if the parents are not married and there is no custody appointed?

Not without the permission of the child's biological mother. When a couple are not married and there is not a custodial order from the court, the law presumes that the mother has sole custody of the child in question.

Does the birth mother have automatic custody if she and father are married?

No, although most courts favor custody to the mother.

If a mother with phsical custody is incarcerated will the father with joint legal custody be automatically awarded custody of the child?

I think it depends on how long the mother will be incarcerated for. There might be a hearing giving the father temporary custody. But if the father ever tries to get full physical custody of the child in the future, it might not be good for the mother. However, she can never be refused visitation.

Can a father who has joint custody with the mother stop her from visiting another state?

Can a father who has joint custody with the mother stop her from visiting another state with the child

After physical custody of a child was awarded to the father by the court and joint custody to mother can the mother get physical custody.?

Yes if she can prove that it would be the the child's best interest to be with her physically. Custody orders can change at any time. If there is a sign of danger from the child being with the father, the mother can gain physical custody.

If no father is listed who has legal custody of the child?

The mother. If she dies, her parents get custody.

If the father doesn't have custody and the mother is unfit can a grandmother get custody?

It's possible.

The Child's mother dies grandma want custody of the child over the father who was married to the mother at the time of death but DNA says the father is not the biologicial father?

He can still gain custody as the presumptive father.

Can a mother gave custody to her sister with out father consent?

Guardianship, but not custody. The father can still challenge. see links

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