answersLogoWhite

0

  • Custody
  • Child Support
  • Tickets Points and Auto Insurance Rates

Who has custody when no court order has been established?

User Avatar

Wiki User

βˆ™ 2011-12-30 07:48:48

Best Answer
Copy

From Macky in Discussion:

If no custody order has been issued when it pertains to a married couple the law presumes both biological parents to have equal custodial rights.If the couple is unmarried the mother has full legal rights to the child until the father establishes paternity and is granted custodial or visitation rights by the court.This means in most instances the biological mother may remove the child from the state of residency without permission from the father, unless a court order is issued prohibiting the act.

2011-12-30 07:48:48
This answer is:
πŸ€“
🀯
πŸ€”
User Avatar

Add your answer:

Earn +5 pts
Q: Who has custody when no court order has been established?
Write your answer...
Submit

Related Questions

If no court order for custody has been granted and the parents are unmarried and the mother has a CSSD order who has the custody of a child in Alaska?

The mother has sole custody until established otherwise by a court. see related link.


If no court order for custody has been granted and the parents are unmarried who has the custody of a child in Minnesota?

An unmarried mother has custody of her child until the father has established his paternity in court and requested joint custody.


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.


In Texas Does unwed mothers have sole custody if father is in jail?

It depends on whether the case has ever been adjudicated in family court. If paternity has never been established the mother has sole custody. If paternity was established and the father was granted joint custody or visitation rights then those orders stand until they have been modified by the court.It depends on whether the case has ever been adjudicated in family court. If paternity has never been established the mother has sole custody. If paternity was established and the father was granted joint custody or visitation rights then those orders stand until they have been modified by the court.It depends on whether the case has ever been adjudicated in family court. If paternity has never been established the mother has sole custody. If paternity was established and the father was granted joint custody or visitation rights then those orders stand until they have been modified by the court.It depends on whether the case has ever been adjudicated in family court. If paternity has never been established the mother has sole custody. If paternity was established and the father was granted joint custody or visitation rights then those orders stand until they have been modified by the court.


Will your husband have to pay child support on your baby until it is determined if the child is his or not?

No. That determination will be made by the court and then a child support order will be established after paternity has been established.No. That determination will be made by the court and then a child support order will be established after paternity has been established.No. That determination will be made by the court and then a child support order will be established after paternity has been established.No. That determination will be made by the court and then a child support order will be established after paternity has been established.


Can the mother go to the father house and get her child if there isn't a court order saying that the dad has full custody?

No, the mother is no more entitled to custody than the father. If the father currently has temporary or implied custody, then a custody order must first be established before you can get partial custody or visitation rights. For example, if you moved out and left the child in the care of the father, you forfeited your custody rights until an official custody order has been established.


How can a sixteen year old father obtain joint custody of his newborn son?

He needs to petition the court to have his paternity established. Once his paternity has been legally established he can petition for joint custody and a visitation schedule. The court will also issue a child support order.


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

The mother has legal custody until the case has been adjudicated in family court, paternity has been established along with an order for child support and the court has issued an order for joint custody. However, courts don't always make changes in custody but they do grant visitation rights to the father.


What rights does a mother have if custody hasn't been established?

If you are not married the custody automatically falls on the mother and the father have to go to court to get visitation or custody. If you are married you have equal rights.


Does a step grand father have custody rights?

Generally, no, unless they have been granted by a court order.Generally, no, unless they have been granted by a court order.Generally, no, unless they have been granted by a court order.Generally, no, unless they have been granted by a court order.


What do you do if father will not let you see your child?

AnswerVisit your local family court and ask to speak with an advocate. The father has no legal right to keep the children from you unless you have been deemed unfit. Unwed mothers have custody until a custody order has been issued by the court once the father has established his paternity. Married parents have equal parental rights. The court will issue an order that addresses custody, visitation and child support as part of a divorce decree.


Do you have full custody of your son if his father left?

It depends on your legal status before and after the father left. If you are married then he still has full parental rights until a court renders a custody order. If you have been divorced custody should have been addressed in the divorce decree. If you were never married and he has no previously established custodial rights then you have full legal custody.


How do you get your son back from his father if there a court order been put in place?

You don't say what court order but if he has been given custody you can just petition the court for it. Speak to your lawyer. If you have a custody and he has taken the child and refuse to return him you can call the police since this would be kidnapping.


Who has custody of an illegitimate child when there is no court decision nor order treating custody?

The law presumes that an unwed mother hold sole and exclusive custody of her child unless/until the court rules otherwise. She does not have to allow visitation rights to the father or the father's family, but neither can she seek child support until paternity has been established.


If the obligor is making child support payments do they still owe arrears?

The arrears should be addressed in a court order so that an additional amount is added to the regular payments. If arrears have been established by the court then review the court order for the payment schedule.The arrears should be addressed in a court order so that an additional amount is added to the regular payments. If arrears have been established by the court then review the court order for the payment schedule.The arrears should be addressed in a court order so that an additional amount is added to the regular payments. If arrears have been established by the court then review the court order for the payment schedule.The arrears should be addressed in a court order so that an additional amount is added to the regular payments. If arrears have been established by the court then review the court order for the payment schedule.


How do you file for custody if there has been no court order and the mother did not bring the child back after visitation in the State of Texas?

If you are not married and there is no custody or visitation order, she has custody automatically. The father have to prove paternity in court by a DNA test and then petition for custody or visitation. He can then also pay child support.


Can a father file for custody if paternity has not been proven?

No, paternity needs to be established, even of it requires a court order. It can be done in utero, and under limited circumstances, a custody challenge filed in the state where conception took place. see links


Can an unmarried mother get sole legal custody of an unborn child?

United StatesCourts don't rule on custody until the child is born. Legal custody isn't an issue until the child is born. An unmarried mother in the United States has sole custody of her child until the father has established his paternity legally.Once his paternity has been established he can petition for joint custody and/or a visitation order. The court will decide based on state laws and other factors.


Who pays child support when no legal custody has been established?

Determining child support has only one goal which is to determine medical, financial and daycare support. Custody is NOT determined when child support is established. To establish child support you have to go to court. Otherwise if the mother was unwed and paternity/custody is not established she automatically has sole custody which entitles you to pay her child support but you are not entitled to visitation, school/dr records etc unless she gives them to you... If custody is not established then the mother has custody


Can your sons father keep him from you if you have never been to court to determine custody?

No. Period. If there is no court order establishing parental responsibilities then you both have access to the child at any time. 'Go to court and get custody or leave the child out of it.


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

The mother. The father have to apply in court for visitation or custody after paternity have been established. Then he can also pay child support.


If no court order for custody has been granted and the parents are unmarried who has the custody of a child in California?

Mother has sole custody in every state except Arizona. see link below


Can your ex get custody of your son if the courts gave you full custody?

If you were granted custody the court will not change that status unless there has been a significant change in the circumstances or unless you have been deemed to be unfit since you were awarded custody.If you were granted custody the court will not change that status unless there has been a significant change in the circumstances or unless you have been deemed to be unfit since you were awarded custody.If you were granted custody the court will not change that status unless there has been a significant change in the circumstances or unless you have been deemed to be unfit since you were awarded custody.If you were granted custody the court will not change that status unless there has been a significant change in the circumstances or unless you have been deemed to be unfit since you were awarded custody.


What is the fathers rights with his name on the birth-certificate?

Assuming this father is unmarried, he has the right to establish his paternity legally through the family court. Once his paternity has been established he can request joint custody and/or a visitation schedule and pay child support if the child is to remain in the physical custody of the mother.Assuming this father is unmarried, he has the right to establish his paternity legally through the family court. Once his paternity has been established he can request joint custody and/or a visitation schedule and pay child support if the child is to remain in the physical custody of the mother.Assuming this father is unmarried, he has the right to establish his paternity legally through the family court. Once his paternity has been established he can request joint custody and/or a visitation schedule and pay child support if the child is to remain in the physical custody of the mother.Assuming this father is unmarried, he has the right to establish his paternity legally through the family court. Once his paternity has been established he can request joint custody and/or a visitation schedule and pay child support if the child is to remain in the physical custody of the mother.


How do you get legal documentation saying you have sole custody of your son?

If you have already been through the family court process and been deemed to have sole custody you can visit the court and request a copy of the order. If cannot visit you can call the court and ask how to obtain a copy by mail.If you are an unmarried mother you have sole custody by law in the United States unless and until the child's father establishes his paternity in family court and then requests joint custody and/or visitations.If you are an unmarried mother with sole custody (and have never been to court) and need documentation for something such as a passport application you may need to write a statement with your application. You may need to request an order from your local family court, signed by a judge, stating you are the sole caretaker of your child.If you have already been through the family court process and been deemed to have sole custody you can visit the court and request a copy of the order. If cannot visit you can call the court and ask how to obtain a copy by mail.If you are an unmarried mother you have sole custody by law in the United States unless and until the child's father establishes his paternity in family court and then requests joint custody and/or visitations.If you are an unmarried mother with sole custody (and have never been to court) and need documentation for something such as a passport application you may need to write a statement with your application. You may need to request an order from your local family court, signed by a judge, stating you are the sole caretaker of your child.If you have already been through the family court process and been deemed to have sole custody you can visit the court and request a copy of the order. If cannot visit you can call the court and ask how to obtain a copy by mail.If you are an unmarried mother you have sole custody by law in the United States unless and until the child's father establishes his paternity in family court and then requests joint custody and/or visitations.If you are an unmarried mother with sole custody (and have never been to court) and need documentation for something such as a passport application you may need to write a statement with your application. You may need to request an order from your local family court, signed by a judge, stating you are the sole caretaker of your child.If you have already been through the family court process and been deemed to have sole custody you can visit the court and request a copy of the order. If cannot visit you can call the court and ask how to obtain a copy by mail.If you are an unmarried mother you have sole custody by law in the United States unless and until the child's father establishes his paternity in family court and then requests joint custody and/or visitations.If you are an unmarried mother with sole custody (and have never been to court) and need documentation for something such as a passport application you may need to write a statement with your application. You may need to request an order from your local family court, signed by a judge, stating you are the sole caretaker of your child.