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The answer depends on many factors including the laws in your jurisdiction and marital status. Generally:

  • If married both parents have equal parental rights over the child.
  • In the case of a divorce, if the parents cannot agree on a custody arrangement the court will issue a custody order based on physical and legal custody and visitation orders.
  • If the parents are unmarried the mother has sole custody until the father can establish his paternity legally. Once he has established his paternity he can petition for custody and visitations.
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Q: Who has legal right over the child the mother or father?
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Related questions

Does the mother of a child have the legal right to request that the girlfriend of the father not be present whe the child is visiting the father?

Yes that is totally legal as long as u both agree


If you get married before you have the baby who has legal rights to the baby my husband or the father?

Depends on your state. In MI, the legal father of the child is the mother's husband. If your child's father is not going to be your husband, do the right thing and let him be involved.


When mom has primary physical and dad has joint legal does dad have 1st right to keep the child when the mother is on vacation.It says no such thing in my court papers. should I be worried?

Depends on your state and county but, if the child is not with you on vacation and the child is left with a sitter, the father still has rights to visitation according to the custody agreement. What is there to be worried about? It is the child's father and the father has every right to the child as the mother does. The right thing to do is have the father watch the child instead of a third party. You should call your attorney for the correct LEGAL answer.


Does a teen father hae the right to see the mother of his child without her parents consents?

Not if she is a minor. She is only emancipated regarding her baby and her own health. The father has a legal right to see his child but not the mother until she is 18. Parents have the right to decide who their minor is seeing.


Who has right a child if the mother and father both sign the birth certificate?

It depends on the state. In some states, a father who is unmarried to the mother acquires legal rights by signing the birth certificate. In other states, signing the birth certificate conveys no legal right, and the father still must proceed with a legitimation or paternity proceeding in order to become the legal father.


If a child's father remarries after the mother dies and the new spouse is executrix of the father's will does the child have a legal right to obtain a copy of the will?

Only if the father has passed away. As a possible beneficiary, the children are entitled to see the will, but until then there is no legal requirement for anyone to provide a copy.


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.


In Texas when the mother has custody of the child and the father remarries does the stepmother have legal parental consent over the child what so ever?

Not at all. She would have no legal right over the child unless rights had been granted to her by a judge.


Can the father of a baby force the mother to give birth?

No, he has no right to decide over her body at all and has no legal right to decide over the child until the child is born and paternity has been established.


Can a mother in Virginia give up all legal rights to a child at birth if she don't get a lawyer?

Yes, the mother has a right to abort her responsibility for the child at any time, and the father will still be obligated to pay.


Does a new wife have the right to tell her husbands child's mother that they cannot call there house anymore when the child is still underage and the father has partial legal custody?

This would not be treated as a legal right unless the problem involves the mother having the child call so that she can than take the phone to harass. Beyond that, there should be open communication between the father and child, though it might be best for the child to be calling his cell phone.


What legal right do have if the mother is receiving child support for a child that is not in her care?

If you are the father, file for custody. As for the child support, until custody is decided, request the payment be sent to whomever has the child, plus that the mother be ordered to pay. see links below