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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 and once established the father can request visitations, custody and set up a schedule of regular child support payments for the child.

In your case you should have requested a visitation schedule when the child support order was issued. Return to that court and request a visitation order.

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Q: What visitation rights does an unmarried father who pays child support have?
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Do you have visitation rights if you are not married and have not established your paternity legally?

No, you must establish your paternity legally in order to obtain parental rights such as visitation rights, custody rights and the right to support your child until they reach the age of majority. If you have established paternity by a DNA test, then you can petition the court for visitation.


If the father of a child gets married and owes back child support can the spouse be obligated to pay his back child support in CA?

An unmarried father cannot "choose" to not pay child support. The laws in every state require that a father pay for the support of his child. The mother must bring an action to the appropriate court so that a child support order can be established. Visitation rights are separate and a father can have visitation rights established by the court. Visitation rights are not dependent on paying child support.


If the father has visitation rights and has not seen the child can you get full custody and receive child support?

How does he have any visitation rights with a custody and child support order?


What is mothers custody rights when unmarried in Texas and father lives in Florida?

Sole even if he was still shacking up with you


How binding is an aknowledgement of paternity paper for the father in custody fight as far as an unmarried fathers rights?

Since you now have proof you are the father you can now petition for custody, visitation and pay child support. So very binding. Without it you have no paternal rights.


Does the father have to have visitation rights in order for the mother to get child support?

Child support and visitation rights are two separate issues and they are addressed separately. The father's paternity must be legally established in court if the parents are unmarried and the mother seeks child support. Once paternity has been established, the court will issue a child support order based on state child support guidelines. In addition, once paternity has been established the father has the right to petition for a visitation schedule. If the father fails to pay his child support he is still entitled to visitations. In that case, the mother would need to pursue the child support arrears by filing a motion for contempt of the child support order.


Do you need the father's permission to take a child out state if he has not established his paternity?

If the parents are unmarried and the father has not established his paternity legally- no. However, if the move will be permanent the father can request an emergency injunction to stop the move if he objects to it. That will give him time to establish his paternity, establish parental rights and request a visitation schedule. The court will also establish a child support order.If the parents are unmarried and the father has not established his paternity legally- no. However, if the move will be permanent the father can request an emergency injunction to stop the move if he objects to it. That will give him time to establish his paternity, establish parental rights and request a visitation schedule. The court will also establish a child support order.If the parents are unmarried and the father has not established his paternity legally- no. However, if the move will be permanent the father can request an emergency injunction to stop the move if he objects to it. That will give him time to establish his paternity, establish parental rights and request a visitation schedule. The court will also establish a child support order.If the parents are unmarried and the father has not established his paternity legally- no. However, if the move will be permanent the father can request an emergency injunction to stop the move if he objects to it. That will give him time to establish his paternity, establish parental rights and request a visitation schedule. The court will also establish a child support order.


If the parents were never married and the father never paid child support does he have the right to just take the child?

No. An unmarried woman has full legal and physical custody rights to her child until/unless the court rules otherwise. Paternity must be established (preferably by DNA testing) before an assumed father can petition the court for custodial or visitation rights and before the mother can file suit for child support. Please note, child support, custodial rights and visitation privileges are entirely separate matters and are treated as such by the domestic court.


Can the mother of an unmarried pregnant 17 year old in Colorado demand paternity test on unborn child?

No. As the grandparent you have no rights to the child. But since she is not married to the father he will have to prove paternity with a DNA test if he wants parental rights such as custody, visitation and pay child support.


If father is listed on birth certificate and does not pay support what are his rights?

An unmarried father has no parental rights until he establishes his paternity in court through a DNA test.An unmarried father has no parental rights until he establishes his paternity in court through a DNA test.An unmarried father has no parental rights until he establishes his paternity in court through a DNA test.An unmarried father has no parental rights until he establishes his paternity in court through a DNA test.


Can your child support be reduced if you have visitation rights?

child support and visitation rights are two totally different things. The answer is no.


What are the rights of mother to an underage son?

United StatesA mother has full parental rights regarding her children unless her rights have been terminated by a court order. An unmarried mother has sole custody until the father's paternity is established in court and the court has issued a custody and visitation order.United StatesA mother has full parental rights regarding her children unless her rights have been terminated by a court order. An unmarried mother has sole custody until the father's paternity is established in court and the court has issued a custody and visitation order.United StatesA mother has full parental rights regarding her children unless her rights have been terminated by a court order. An unmarried mother has sole custody until the father's paternity is established in court and the court has issued a custody and visitation order.United StatesA mother has full parental rights regarding her children unless her rights have been terminated by a court order. An unmarried mother has sole custody until the father's paternity is established in court and the court has issued a custody and visitation order.