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Why does it matter if you were married to the father of your children or not in custody cases?
Wiki User
∙ 11y ago
When a married woman gives birth her husband is assumed, legally, to be the father of the child and he has all the legal rights and responsibilities regarding that child. When an unmarried woman gives birth, the paternity must be established legally by the father signing the birth certificate or establishing his paternity through a DNA test. In the case of an unmarried woman, the woman who gave birth is a matter of record. The father's identity is not.
When a married woman gives birth her husband is assumed, legally, to be the father of the child and he has all the legal rights and responsibilities regarding that child. When an unmarried woman gives birth, the paternity must be established legally by the father signing the birth certificate or establishing his paternity through a DNA test. In the case of an unmarried woman, the woman who gave birth is a matter of record. The father's identity is not.
When a married woman gives birth her husband is assumed, legally, to be the father of the child and he has all the legal rights and responsibilities regarding that child. When an unmarried woman gives birth, the paternity must be established legally by the father signing the birth certificate or establishing his paternity through a DNA test. In the case of an unmarried woman, the woman who gave birth is a matter of record. The father's identity is not.
When a married woman gives birth her husband is assumed, legally, to be the father of the child and he has all the legal rights and responsibilities regarding that child. When an unmarried woman gives birth, the paternity must be established legally by the father signing the birth certificate or establishing his paternity through a DNA test. In the case of an unmarried woman, the woman who gave birth is a matter of record. The father's identity is not.
Wiki User
∙ 11y ago
Wiki User
∙ 11y agoWhen a married woman gives birth her husband is assumed, legally, to be the father of the child and he has all the legal rights and responsibilities regarding that child. When an unmarried woman gives birth, the paternity must be established legally by the father signing the birth certificate or establishing his paternity through a DNA test. In the case of an unmarried woman, the woman who gave birth is a matter of record. The father's identity is not.
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I am a single mother i want to know if my daughter's father has the right to file for legal custody?
Yes, every father has that right, whether he is successful is another matter. If you were married he would have a better chance but he can still apply.
If a parent gets imprisoned what are the steps to take to allow custody of their children to their family if father has sole custody and doesn't want the mother to have the children?
If you live in the US... Unless Mom's parental rights (different thing than custodial rights) have been terminated or she can be proven unfit, she's first in line for custody, so if she wants custody, she will get it (no matter what Dad wants)
Can a grandmother who has legal custody of a child give custody to the mother without notifying the father?
No. The grandmother cannot legally transfer custody to the mother only the court can do that. The father can file a motion in court to have a hearing on the matter.No. The grandmother cannot legally transfer custody to the mother only the court can do that. The father can file a motion in court to have a hearing on the matter.No. The grandmother cannot legally transfer custody to the mother only the court can do that. The father can file a motion in court to have a hearing on the matter.No. The grandmother cannot legally transfer custody to the mother only the court can do that. The father can file a motion in court to have a hearing on the matter.
If biological mother gives up custody to child's great aunt by marriage can father step in and take custody without a lot of complications?
My first thought is, why did she give the children to the great aunt? In my opinion, that would matter. I do think that parents should have that right. If the children are young It might be easy. However,if the children are eight or older and they have a great relationship with their aunt it might cause some problems between the father & child. Make sure you are making a wise decision. Think of the children.
In California if father has primary physical custody and both parents have joint legal custody can the child choose which parent he wants to live with?
No, legally a minor has no choice in the matter.
If both parents have 5050 custody of children what happens if one parent becomes incarcerated does that parent lose their custody?
That's up to a judge, but why would it matter?
Who gets the kids on Easter?
It doesn't matter. Either parent can get custody of the children wether it's Easter or not.
Can you move in with your grandparents at age 15 without your dad wanting you to?
no, you can't.I'd your father has legal custody over you, you must live where he says no matter what - until he no longer has legal custody.
If you are unmarried and the father of your child does not like your current partner could he obtain primary custody in Pennsylvania?
Not on the grounds cited in the question. The father could petition the court for custodial rights assuming he has established paternity. Unmarried women are presumed under the laws of all US states to have sole custody of their child unless a court rules otherwise. It is possible that the father could obtain joint custody and most assuredly visitation rights, but primary or sole custody would not be likely, even concerning a matter of cohabitation. This would not necessarily be the case for children born out of a marriage.
Does the father have to provide a home for children?
If he is a responsible father he would do so as a matter of course.
What rights does a father have if he abandons his child and unwed mother does not pay any support or have any contact with child?
First, he must have a good reason to convince the court that the child would be better off in his custody. He would need to convince the court that the mother is unfit and the mother's custody is not in the best interest of the child. The health, safety, and welfare of children is always the court's primary concern in determining the best interest of children when making any orders regarding the physical or legal custody or visitation of children Generally, if the parents are unmarried the mother has sole custody and control 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 seek other means of establishing his paternity and that is done through paternity test. A paternity test can be arranged through the court and once established the father can petition for custody. The court will schedule a hearing and the father must present his evidence and argument. The court will review the testimony and evidence to determine if a change in custody is warranted and render a decision. At the same time the court will address child support and if the father is not awarded custody he can request a visitation schedule.
Custodial parent has suddenly passed away Father with joint custody has tried to retrieve his children but the grandmother will not let him remove them from her house What can he do?
If the mother had primary residential, than the grandmother has a right to the children, but this not not preclude access rights. This is why this needs to be addressed in the custody decree. You may need to file a custody challenge to be granted primary residential. But, if you are being denied access, that's interference with custody, which could become a police matter. Access Dads House for further info and help. See links below.
