The welfare of the child should be the main issue. The best parent or maybe both paremts should have custody. Who is to say that one parent is better than the other with out prove of child abuse. During custody battles, the parents are so wrapped up in themselves that the children are not actually considered.
the mother has sole custody if she is not married, a father has many more rights if the child has his last name, or if he is named on the birth certificate. However, if an unmarried mother has a child who has the father's last name and she gets the child taken from her by the state, the father would actually have to file a custody petition in order to try and get custody. Nothing is automaticly in his favor there.
I am currently trying to find a similar answer, so far, in my experience (in which one parent is in Tennessee and one is NOT in Tennessee), I was told NO ONE has custody. That you have to go to court to get it established.That both parents have equal claim to the child. Further more, I was told that the child, whom is living outside of Tennessee can be taken by the parent living in Tennessee and nothing can be done. This is after paternity has been established. Scary thought. I have tried to get information from many sources, especially about the jurisdiction and enforcement act and most agencies are close mouthed and pass the buck. My child is 8 months old and I have no idea what my rights are. If you find out anything let me know :)
From what I understand the mother does, but our lawyer still told us that my daughter who had my grandson and is unmarried needed to have custody papers (about $350) drawn up anyway in case the father decided to try to get him. This way if the father had the child for the weekend or supposedly just took him she would have legal papers filed at the courthouse and the lawyer's office to prove everything and could get the police to bring the child back. The lawyer told us that even though they are NOT married the father can't be made to bring the child back because the child is his also. So, having the custody papers done is a good thing even if the father is not in the picture. It's for the child welfare.
Generally:
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.
If the child is a minor in the state of Utah and the parents of the child have never been married then both parents are awarded equal custody. However, if there's a reason why one parent cannot care for the child, then the parent who is capable of caring for the child is awarded custody.
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.
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 seek other means of establishing his paternity and that is done through paternity test. A paternity test can be arranged through the court and once established the father can request visitations, custody and set up child support for 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 most states until the father can establish his paternity.
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.
mother has sole custody even if living with father
The mother. The father have to go to court to get his parental rights by providing a DNA test. he can then petition for custody, visitation and pay child support.
What is the intent and does it involve married or single parents?
In most states that default is the mother. The court can determine otherwise.
The mother. The father have to petition the court for shared custody.
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.
He can file an injunction.
If married, both parents. If single, the mother
The mother have custody. The father have to prove paternity by providing a DNA test and he can then get his parental rights and petition for custody, visitation and pay child support.
You already have sole custody
Not without the permission of the child's biological mother. When a couple are not married and there is not a custodial order from the court, the law presumes that the mother has sole custody of the child in question.
If the parents are married and living together they have equal parental rights. If you are married and living apart you should consult with an attorney to see if a legal separation is available in your state. If so the court would address custody, support and visitation issues.If the parents are married and living together they have equal parental rights. If you are married and living apart you should consult with an attorney to see if a legal separation is available in your state. If so the court would address custody, support and visitation issues.If the parents are married and living together they have equal parental rights. If you are married and living apart you should consult with an attorney to see if a legal separation is available in your state. If so the court would address custody, support and visitation issues.If the parents are married and living together they have equal parental rights. If you are married and living apart you should consult with an attorney to see if a legal separation is available in your state. If so the court would address custody, support and visitation issues.