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If you were not married when the child arrived the legal custody lies with the mother. The father have to prove paternity in court before he can get his parental rights.

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โˆ™ 2013-04-16 11:47:34
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Q: Who has legal custody rights until judges says different if the parents are not married he is on the birth certificate and is married to someone else?
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What is the fathers rights if he is on the birth certificate and he and the mother were never married?

I have this same issue. My parents never got married. My dad's right was to see me, so he did not have legal custody of me. It varies with different families, but the father has legal custody to see you and it varies if he can have custody to have you.


Who has custody of the child when the parents are married?

Married parents have equal parental rights. They share legal custody.


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.


Who has custody of the child if the parents are married?

In the United States both parents have equal rights of custody of the child if they are legally married.


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.


Who has sole custody of a child whose parents were never married in la And the fathers name is on the birth certificate?

When the parents are unmarried the mother has sole custody until the father establishes his paternity legally in court. Once established he can request joint custody and/or a visitation schedule. He will also be subject to a child support order.


Who has legal custody of minor child when parents have never married and fathers name is on birth certificate?

In general the mother. The father has to petition in court for visitation and custody after he has established paternity by DNA test. Then he can also pay child support.


Is it kidnapping if husband won't give kids back if they were left in the mothers custody when the separation occured?

If the parents are married both parents have equal rights to the children. If you want to establish a custody order then you must do it through court.If the parents are married both parents have equal rights to the children. If you want to establish a custody order then you must do it through court.If the parents are married both parents have equal rights to the children. If you want to establish a custody order then you must do it through court.If the parents are married both parents have equal rights to the children. If you want to establish a custody order then you must do it through court.


Do you need both parents consent to get married at 16 in Arkansas?

If both parents are still alive and both have custody, then you need consent from both of them. In the event that one is no longer alive or doesn't have custody, then you have to provide proof of that (a death certificate or a custody order). And just FYI if the 16-year-old is a male, they cannot marry without a court order approving/allowing it.


Can grandmother have custody if parents never married?

Only if the parents are found unfit does the grandparents as well as other relatives have a chance for custody.


Missouri law Who has legal custody of minor child when parents have never married but dad is on birth records get sole custody They have never been married but the mom and dad live with their parents?

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.


In Utah who has custody if parents never married?

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.


Who has the custody of a child if the parents aren't married in Michigan?

The mother. The father have to apply for visitation and custody in court.


In New Mexico who has custody of children if the parents are not married?

The mother assumes automatic custody, unless she is unfit.


Who has custody if the child lives with you full time in pa?

And you are? If the parents were not married the mother has custody until the father can petition for it after he has proved paternity in court. If married you have equal custody. Just living with you does not give you custody. it has to go through court.


Who has custody of a child whose parents were never married in fl?

The biological mother has presumptive custody, at least until a custody order is hammered out in court.


If you are 17 and are married are you automatically emancipated from your parents custody in North Carolina?

no


You got married after you had your child who has custody?

You're married now and both parents have equal parental rights.


Who has legal custody of minor child in FL when parents never married but father signed birth certificate how does minor change his name when one parent contests it?

The mother has legal custody from birth if never married. The father have to go to court to get his parental rights and prove paternity so he can seek visitation, custody and pay child support. The mother is in this case the one who decides what name the child will have since she is the guardian.If the custody is not with father, then after getting the custody , they may change the name.


In Tennessee who has custody of a child if the parents were never married?

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.


Who has legal custody of a minor child when parents never married in the state of co?

mother has sole custody even if living with father


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

The mother. The father have to petition the court for custody or visitation right.


What rights does a father have in custody of child?

If the parents are married they have equal rights. If not married, the mother in general have sole custody in most states until the father have established his paternity. When he has done that by DNA test he can petition for custody and visitation in court.


Is there anything significant regarding unmarried parents having custody of children?

Yes. Custody is very different for unmarried parents.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 is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.Yes. Custody is very different for unmarried parents.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 is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.Yes. Custody is very different for unmarried parents.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 is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.Yes. Custody is very different for unmarried parents.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 is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.


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

The mother is presumed to have custody unless there is a court order saying otherwise.