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∙ 12y agoThe mother. The father have to petition the court for custody or visitation right.
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∙ 12y agoPrior to a divorce married parents have equal parental rights.Prior to a divorce married parents have equal parental rights.Prior to a divorce married parents have equal parental rights.Prior to a divorce married parents have equal parental rights.
If the parents have never married and live separately with their own parents, a court would need to decide on custody. Typically, the court will place the child with the mother, but the best interests of the child are primary.
You're married now and both parents have equal parental rights.
If the parents are going to split up, one needs to file with the courts to define custody, child support, visitation, etc.
When the parents aren't married the mother has sole custody of her child. Once paternity has been established the father can petition for joint custody or visitation rights. A child support order will also be issued at that time. See the link provided below for a sample booklet on never married parents questions and rights in Massachusetts and a link for child custody laws in the US.
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.
With the court's permission, if the parents are not married. Single fathers have no assumed rights to a child. Married parents have equal rights to the child until otherwise ruled on.
mother has sole custody even if living with father
He should prepare in the same way he would if the parents had been married. Not being married does not change your rights to your child, but remember to try and be reasonable and work out an arrangement that's best for your child and gives him/her as equal of time with each parent as possible
The mother is presumed to have custody unless there is a court order saying otherwise.
It depends on the type of joint custody. Custody is broken down into two subcategories- legal and physical. Legal custody is the ability to make decisions concerning the child and to act on the child's behalf. Physical custody is who the child lives with. Typically unless the child spends exactly 50 percent of the time with each parent, one parent is considered to have primary custody and the other parent to have secondary custody or visitation rights. Child support is based on who has primary physical custody, and that parent is typically awarded child support from the parent who has the child less since having the child more usually means that you provide for more of their needs as well.
the person who has physical possesion of the child.