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An unmarried father must establish his paternity 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 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, 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.

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12y ago
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11y ago

Anything is possible if it is in the "best interests of the Child," and both parents are cooperating to ensure this is the result. In Britain if you are an unmarried mother you may confer "Parental Responsibility" on to your partner, if he wishes to assume it. * Joint custody should always be based on what is best for the child. If both the parents get along, there is no domestic violence or other form of abuse hopefully they both will agree to what is best for the child. * In custodial issues relating to unmarried couples, judges are reluctant to grant equal custodial rights to fathers and prefer to follow the "tender-years" theory which is that the birth mother should retain full or sole custody with the father having generous vistation rights. If the parents cannot come to an amicable and equitable agreement on their own, the judge will decide how custody should be granted based only on the best interest of the child.

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Q: Which parent has custody if the parents were never married?
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Who has custody of a child if the parent have never married in the state of massachussetTS?

The mother. The father have to petition the court for shared custody.


Can grandmother have custody if parents never married?

Only if the parents are found unfit does the grandparents as well as other relatives have a chance for custody.


Missouri law Who has legal custody of minor child when parents have never married but dad is on birth records get sole custody They have never been married but the mom and dad live with their parents?

If the parents have never married and live separately with their own parents, a court would need to decide on custody. Typically, the court will place the child with the mother, but the best interests of the child are primary.


In Georgia How likely is it for a father to get sole custody They have never been married but the mom lives with her parents and can not keep a job?

It depends on which parent the court sees more fit.


Can your parent decide who you visit or see?

Yes, your parent can decide who you visit or see especially if you are still a minor. Concerned parents do not want you to hang around with the wrong kind of people. That's why most parents suggest to meet the person that your visiting or seeing.


Does a mother have custody before the case goes to trial if she never married the father?

: No she does not. : Until you go to court the parent who is in possession of the child has custody.


Can a mother get her children if the father has had them and refuses to let her see them but the parents were never married and there is no court matters dealing with custody?

Since there is no court order and you were never married it is the mother that have custody. He can be charged with kidnapping.


Neither parent has custody and the mother lives with the grandparents. Can a father give up rights to a child if the mother doesn't?

Generally:First, custody depends on the parents' marital status. When two people have a child it is rare that neither parent has custody unless there is a court order to that effect. If the parents were never married the mother has custody in every state in the US. If the unmarried father of a child wants custody or visitation he must establish his paternity through DNA testing. If the parents are married then both have equal parental rights. If they are divorced there should be a custody order in place.In either case you need to consult with an attorney or a legal advocate at the court to determine if the father can give up his parental rights and obligations under your state laws.Generally:First, custody depends on the parents' marital status. When two people have a child it is rare that neither parent has custody unless there is a court order to that effect. If the parents were never married the mother has custody in every state in the US. If the unmarried father of a child wants custody or visitation he must establish his paternity through DNA testing. If the parents are married then both have equal parental rights. If they are divorced there should be a custody order in place.In either case you need to consult with an attorney or a legal advocate at the court to determine if the father can give up his parental rights and obligations under your state laws.Generally:First, custody depends on the parents' marital status. When two people have a child it is rare that neither parent has custody unless there is a court order to that effect. If the parents were never married the mother has custody in every state in the US. If the unmarried father of a child wants custody or visitation he must establish his paternity through DNA testing. If the parents are married then both have equal parental rights. If they are divorced there should be a custody order in place.In either case you need to consult with an attorney or a legal advocate at the court to determine if the father can give up his parental rights and obligations under your state laws.Generally:First, custody depends on the parents' marital status. When two people have a child it is rare that neither parent has custody unless there is a court order to that effect. If the parents were never married the mother has custody in every state in the US. If the unmarried father of a child wants custody or visitation he must establish his paternity through DNA testing. If the parents are married then both have equal parental rights. If they are divorced there should be a custody order in place.In either case you need to consult with an attorney or a legal advocate at the court to determine if the father can give up his parental rights and obligations under your state laws.


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


Who has legal custody of a minor child when parents never married in Georgia?

The mother. The father have to petition the court for custody or visitation right.


Who has legal custody of a minor child when parents have never married in Michigan?

The mother is presumed to have custody unless there is a court order saying otherwise.


Who has legal custody of minor child in FL when parents never married but father signed birth certificate how does minor change his name when one parent contests it?

The mother has legal custody from birth if never married. The father have to go to court to get his parental rights and prove paternity so he can seek visitation, custody and pay child support. The mother is in this case the one who decides what name the child will have since she is the guardian.If the custody is not with father, then after getting the custody , they may change the name.