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The father may establish paternity his paternity through a paternity affidavit that must be filed with the state Department of health within 72 hours of the birth. Otherwise the general means by which an unwed father can petition for custody is as follows. Remember that in order to obtain legal and physical custody he must show that custody in the mother would not be in the best interest of the child.

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 every state 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 or full custody. If the father desires a visitation schedule he can request that the court issue a visitation schedule. The court will also issue a child support order if the child is to remain in the custody of her mother. The court will schedule a hearing and issue orders that are in the best interest of the child.

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โˆ™ 2011-09-04 19:00:17
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Q: What rights does an unwed father have regarding custody of a newborn in the state of Indiana?
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Can birth mom who has had parental rights removed give full custody of newborn to father?

She will not have any custody to give since she no longer have parental rights. The father have to go to court to petition for custody as soon as he has established paternity through a DNA test.


Does the mother have sole custody at birth if the father's name is on the birth certificate?

The mother has sole custody if the parents are not married and there are no court orders regarding custody. A father who wishes to have parental rights must have his paternity established through the court.


Can a mother move to another state and take the child without telling the unmarried father?

She could if there has been no court orders regarding paternity and custody. However, she may find herself in trouble if the father decides to pursue the case in court.She could if there has been no court orders regarding paternity and custody. However, she may find herself in trouble if the father decides to pursue the case in court.She could if there has been no court orders regarding paternity and custody. However, she may find herself in trouble if the father decides to pursue the case in court.She could if there has been no court orders regarding paternity and custody. However, she may find herself in trouble if the father decides to pursue the case in court.


Can a father receive joint custody of a newborn in KY?

Through an emergency order for custody where there us evidence of potential hard to the child by the mother, such as drug usage. see links below


Does a father have to pay child support if he has joint legal custody and the child is on medicaid provided by the mother in the state of Indiana?

Yessee link


Can a mother take her kids out of state away from their father if he is not on the birth certificate?

Yes, if the parents are not married, there has been no determination of paternity and no court orders regarding custody have been issued.Yes, if the parents are not married, there has been no determination of paternity and no court orders regarding custody have been issued.Yes, if the parents are not married, there has been no determination of paternity and no court orders regarding custody have been issued.Yes, if the parents are not married, there has been no determination of paternity and no court orders regarding custody have been issued.


What are the father's rights if he pays child support and has joint legal custody?

A father with joint legal custody has the right to be included in all important decisions regarding his child. He also has a right to a visitation schedule that must be followed by the custodial parent.


What is the law in Georgia regarding the courts appoints the father as custody of the children and he dies who gets custody of the children?

The other parent unless they lost custody because they were unfit. Then a relative can get it if they are interested or the child ends up in foster care.


Is it kidnapping in the state of Indiana if your husband moves to another state with OUR children There is no child custody agreement?

No, unless a custody order is being violated, it is not kidnapping for the Father to move out of state with his own children.


Can you move to Indiana if you were never married to the father of your 3yr old son?

If there is a visitation order or you share custody you will need his and the courts permission to move.


What are the rights of mother to an underage son?

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Can father sign birth certificate allowing him to immediately enforce his paternal rights and full legal guardianship with physical custody of newborn before DHS interferes on behalf of unfit mother?

It depends on state law, but usually more than a name on a birth certificate is required for an illegitimate father to obtain custody or parental rights. He have to provide a DNA test to prove he is the father and then he can petition for custody.

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