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Q: Who has physical custody when no paternity has been established?
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Adding fathers name to a 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.


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.


If your girlfriend moves out of state with your daughter can you file for custody even though you are not married?

If paternity has not been established, then you would have to do that first. Once paternity is established, then you have to right to petition for custody.


Does Maryland automatically grant an unwed mother sole custody?

Yes. There really is no "grant". The mother of a child can always be determined since she gave birth. An unmarried mother has sole custody of her child until the father can establish his paternity legally. Once his paternity has been established he can request custody, a visitation schedule and child support will be addressed.Yes. There really is no "grant". The mother of a child can always be determined since she gave birth. An unmarried mother has sole custody of her child until the father can establish his paternity legally. Once his paternity has been established he can request custody, a visitation schedule and child support will be addressed.Yes. There really is no "grant". The mother of a child can always be determined since she gave birth. An unmarried mother has sole custody of her child until the father can establish his paternity legally. Once his paternity has been established he can request custody, a visitation schedule and child support will be addressed.Yes. There really is no "grant". The mother of a child can always be determined since she gave birth. An unmarried mother has sole custody of her child until the father can establish his paternity legally. Once his paternity has been established he can request custody, a visitation schedule and child support will be addressed.


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.


What happens if a child's mother dies but she was not married to the father?

If paternity has been legally established, the father could petition for custody/ guardianship.


Does a mother have custody when the child lives with her?

That's generally the case, especially if paternity has not been established, unless the courts have ordered otherwise.


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


Does a father have to return his child to the mother if there is no court order in Illinois?

If married, No. As for single fathers, they have no legal rights to the children until their paternity has been established, of course. 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 can establish his paternity 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.


When children are born does both parents receive joint custody automatically in Virginia?

If the couple is married they both have equal parental rights. In Virginia, an unmarried mother is presumed to have custody. Once the paternity of the father has been established legally through the court he can request custody. The court will make a determination of physical custody based solely on the best interest of the child. See related link for more information.


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.


Who has custody in Missouri if never been married?

Mother has sole custody. I'm in KCMO. see link