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If you have been separated for over a year but is still married and the child has been with the mother the whole time does she have full custody until custody is decided?
Wiki User
∙ 16y ago
The mother has de facto custody. I do not know whether a separation agreement is involved defining legal custody, but from the sound of your question, I doubt it. Usually a fair Court with all things being equal will allow the child to remain with the mother until custody is decided. However, the determination of custody is not made until there is a signed agreement so Ordered by a Judge or a Court issues another legal paper, for instance a Judgment or an Order, that incorporates that signed agreement or until a judge decides custody. Mildred Michalczyk
Wiki User
∙ 16y ago
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Can a legally married man have to pay child support?
If you are married to the mother, no. Then you share everything naturally. But if you have a child and you are separated or not married to the mother, and you do not have custody of the children, you have to pay child support
Is the married separated mother or biological fathers stepsister who has temporary custody for the past two months most likely to get custody of the 7 month old baby?
Unless the mother is unfit she will get the baby.
Never married now separated no court orderd custody what are the legal rights of the parents?
mother has sole custody, father has child support obligation. see link
Your mother has full custody. Would your father have to consent for you to get married?
No. If your mother has sole legal custody she can consent to your getting married.
Marriage when a mother has custody of adult but then adult get married who has custody wife or mother?
wife
What rights does a mother have if custody hasn't been established?
If you are not married the custody automatically falls on the mother and the father have to go to court to get visitation or custody. If you are married you have equal rights.
Can you gain sole custody of a child by receiving child support?
Depends on circumstances. A single mother has a presumption of sole custody at the time of the birth of the child. Where married parents are separated, there is a presumption of joint physical custody whether or not support is ordered.
Does the birth mother have automatic custody if she and father are married?
No, although most courts favor custody to the mother.
Who has legal custody of child when dad is employed and mom isn't?
If you're in the US... Custody has nothing to do with employment. If you're divorce, custody should have been decided/ordered when you got divorced. If you're married, both parents have equal custody. If you are unmarried and there has been no court involvement regarding custody, generally, the mother has custody.
Can a mother keep a child away from the father if they are still married?
No, if they are married they have equal custody.
Is sole custody given to the mother by South Dakota law if she and the father were never married?
In 49 states the mother has sole custody and control.
In New Mexico who has custody of children if the parents are not married?
The mother assumes automatic custody, unless she is unfit.
