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The father will need to furnish proof of paternity, most courts require that be done by DNA testing rather than blood typing. If the biological mother does not want to voluntarily submit to the testing she can be so ordered to do so by the court of jurisdiction. The court may request paternity established before a custody hearing convenes or it may be a part of the hearing itself, depending on state laws governing such issues.

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โˆ™ 2005-06-16 22:15:27
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Q: What happens when the biological father is not on the birth certificate and has not seen the child in 3 years but now wants joint custody?
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What happens if there is a legal and a biological father?

He fights for custody.


If a biological father has had no contact with his child then can he get custody of him if something happens to the mother?

Unless the biological father has relinquished custody, he can ask the court to grabt custody in case the mother dies or cannot take care of herself.


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.


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


Can a biological father get custody of child if he is not on the birth certificate?

That depends on state law where you live. Where I live, if the man has reason to believe he is indeed the biological father, he can petition the court of jurisdiction for paternity testing to establish it. Once he has been established as the biological father, he can file a motion to amend the birth certificate based on the same.


Would an aunt or biological father get custody?

the biological father is next of kin


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.


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.


When the biological father has sole custody and the mother has signed away her parental rights many years ago how does a biological father remove his name from his child's birth certificate?

he says i dont want your dam 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.


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.


Can a step father maintain custody of a child if the biological father emerges after two years?

only if mum has 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.


Is it against the law to put your name on the birth certificate your wife and you had someone help us have a baby and you are not the biological father but will be the father?

Oh yeah. The biological father and mother are put on the certificate.


Does a step father with power of attorney hve custody rights over the biological father?

No he does not.


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.


Can an unmarried father be on a child's birth certificate and still not have custody?

Yes. Parentage and custody are different things.


Can a father have his name added to a child's birth certificate if the mother agrees?

A child's biological father can have his name added to a child's birth certificate regardless of whether or not the mother agrees to it. If the biological father voluntarily relinquishes his parental rights and the child is legally adopted by another man, his name can be added to the birth certificate in place of the biological father.


Do you have to file for custody of your child in order to get a court document stating you have sole custody?

How much rights does a biological father have if the step father wants to adopt?


Can the biological mother get custody of son that lives with the adopted father?

Yes, she can. All she has to do is press suit to have custody awarded, or convince him to give her custody.


Can a handicapped mother sign custody over to a live in boyfriend when the father of the child wants custody?

No. The biological father have rights. Unless the court find him unfit to have custody then there might be a chance.


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.


If a guardian won't sign for one person to get married can a biological father sign for an underage child to get married?

If the biological father does not have have legal custody, then, no, he can't.


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


If you are adopted should your adoptive or biological father sign your wedding certificate?

If you are adopted, your biological father has no legal standing. And there is no requirement that any parent sign a wedding certificate. If you are underage, you may need signatures to obtain the marriage license and it would be the adoptive parent that would have to sign.