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The answer depends on the details which haven't been included here.

This is a complicated situation and you haven't explained whether the mother is incarcerated. If so the father may have to provide a safe temporary home for the child while he files a petition for an emergency temporary custody order until the full hearing can be scheduled. If the father is available, in the child's life and has not been deemed an unfit parent then he can petition for a modification of the custody order and request permanent custody.

If anyone wants to object they can express their objections to the court and file their own petition for guardianship. The court will hear testimony and review evidence and render a decision. If no one comes forward the child will likely be placed in foster care.

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Q: If you have sole custody of a child and you get arrested can the father take the child?
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Is the child state property if the parents are not legally married?

No. A child is no one's property. An unmarried mother has sole custody until the father establishes his paternity in court. Once paternity is established the father can petition for custody and/or visitation and the court can prepare a child support order as necessary if the mother retains sole physical custody.No. A child is no one's property. An unmarried mother has sole custody until the father establishes his paternity in court. Once paternity is established the father can petition for custody and/or visitation and the court can prepare a child support order as necessary if the mother retains sole physical custody.No. A child is no one's property. An unmarried mother has sole custody until the father establishes his paternity in court. Once paternity is established the father can petition for custody and/or visitation and the court can prepare a child support order as necessary if the mother retains sole physical custody.No. A child is no one's property. An unmarried mother has sole custody until the father establishes his paternity in court. Once paternity is established the father can petition for custody and/or visitation and the court can prepare a child support order as necessary if the mother retains sole physical custody.


What would be the benefit of a father having sole custody of a child in another state?

Sole custodial rights are only granted to the parent with whom the child will reside.


If your son father name is not on the birth certificate and the child is carrying your maiden name and is living with his father means that now the father has sole custody of the child?

Do the kids make fun of him for having your maiden name? Did you give him custody of the child? Is he his guardian? If so, then yes.


If you have sole legal and physical custody with the father allowed two day unsupervised visits can you move out of state and how will this affect visiting?

I get the feeling either this father is in prison or is not safe to be alone with your child. If you have sole custody of your child then you can move anywhere without the father's permission as long as it's not stated in the custody order that the father has that one hour visitation right twice per month. However, if it's working out where the father and child have a bond, then it's best to see a lawyer and try to work something out.


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.

Related questions

Is the child state property if the parents are not legally married?

No. A child is no one's property. An unmarried mother has sole custody until the father establishes his paternity in court. Once paternity is established the father can petition for custody and/or visitation and the court can prepare a child support order as necessary if the mother retains sole physical custody.No. A child is no one's property. An unmarried mother has sole custody until the father establishes his paternity in court. Once paternity is established the father can petition for custody and/or visitation and the court can prepare a child support order as necessary if the mother retains sole physical custody.No. A child is no one's property. An unmarried mother has sole custody until the father establishes his paternity in court. Once paternity is established the father can petition for custody and/or visitation and the court can prepare a child support order as necessary if the mother retains sole physical custody.No. A child is no one's property. An unmarried mother has sole custody until the father establishes his paternity in court. Once paternity is established the father can petition for custody and/or visitation and the court can prepare a child support order as necessary if the mother retains sole physical custody.


Can a child receive medical benefits if the mother has sole custody and the father dies?

Yes a child can receive medical benefits if the mother has sole custody and the father dies. The state will provide the mother with assistance which will include medical benefits for the child. This can happen with or without the father passing on.


How do you I file for sole custody of your son when you are not married to his father?

Generally, as an unmarried mother you already have sole custody of your child under the law in every state. The father must establish his paternity in court in order to obtain shared custody and visitation rights. Until he does, you have sole legal custody.


Can a father that is a non citizen with legal papers get sole or primary custody of his child?

Yes


Can a child be adopted if the mother has full sole legal custody and the father does not?

Yes, but the father must be notified of the proceeding.


Can my partner adopt my child if I have a sole custody of a child and his own father is alive?

Under most circumstances, the father must grant permission.


You live in the state of Texas and father with sole custody of child the military is station you in Hawaii can your child mother prevent from your child to go with you?

If you have sole custody no. However, can you still provide for the child? School etc? If she wants to prevent it then let her go to court.


What would be the benefit of a father having sole custody of a child in another state?

Sole custodial rights are only granted to the parent with whom the child will reside.


If father has sole custody of child can he adopt him to his grandmother without mother's consent?

no, she must approve


Out of marriage pregnancy disqualifies a woman from child custody for extramarital affairs?

no, she has sole custody, and the father has nothing. see link below


Who has legal custody of a minor child when parents never married in the state of co?

mother has sole custody even if living with father


If my son's biological father has not seen him talked to him or paid child support in 9 years can I file abandonment get sole custody and have his father's name removed from the Birth Cert?

If no orders are established and you were not married to him, you already have sole custody.