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.
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.
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.
Based on reports from single fathers, the mother has sole custody until otherwise ruled on by the courts. see links
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.
Mother has sole custody and control in 49 states see links
Only if the parents are found unfit does the grandparents as well as other relatives have a chance for custody.
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.
The mother assumes automatic custody, unless she is unfit.
no
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.
* 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're married now and both parents have equal parental rights.
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.