answersLogoWhite

0


Best Answer

If there is no court order saying otherwise it's always the mother.

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.

User Avatar

Wiki User

12y ago
This answer is:
User Avatar
More answers
User Avatar

Wiki User

11y ago

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.

This answer is:
User Avatar

Add your answer:

Earn +20 pts
Q: Who has sole custody of a child whose parents were never married in la And the fathers name is not on the birth certificate?
Write your answer...
Submit
Still have questions?
magnify glass
imp
Related questions

If neither parent has custody can you keep the child in NY?

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.


Who has custody of a child when the parents are not married and there is not a custodial order from the court in Canada?

Based on reports from single fathers, the mother has sole custody until otherwise ruled on by the courts. see links


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?

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.


Who has cusatody in the state of ga if the parents weren't married and the child has the fathers last name?

Mother has sole custody and control in 49 states see links


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.


Does the unmarried mother still have custody of a child if that child has the fathers last name?

If you live in the US... The child having the father's last name has NOTHING to do with custody. If Dad is listed on the birth certificate as the father, then both parents have equal custodial rights until a court declares otherwise--you need a custody order. If Dad is not listed on the birth certificate, it will be a simple thing for him to petition the court to establish paternity and once that's done he can then petition for custody/visitation.


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

The mother assumes automatic custody, unless she is unfit.


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

no


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.


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

* If the father has full custody of the children, yes. * If he has partial or shared custody with the mother, it may be a violation of parental rights; that area is quite dicey, so talk to a lawyer. * If the father has no custody but does have visiting rights, then again, talk to your lawyer. * If the father has no rights to the children, then there is no crime committed.


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

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


Would the children of the deceased parents go the fathers parents or the mothers?

This would depend on the Will. If not addressed, were the parents married? If not, the paternal grandparents have not claim as unmarried fathers have no assumed rights. Otherwise, if the parents were married, and no Will exist, than it would be a matter for the Probate court.