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Generally, if the parents are unmarried, the mother has sole custody until the father establishes his paternity legally. Until then she can refuse visitation. However, when the father's paternity has been established he can request custody and/or a visitation schedule. He will also need to pay child support if the mother retains physical custody.


A married mother cannot keep the child from the father without a court order to that effect.

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12y ago

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Related Questions

Can a 17-year-old in South Carolina move from her father's to her mother's without going through the court system?

As long as the parents are in agreement. And they cannot violate a court order.


You want to sign your parental rights over to your daughters step mother how do I do that with out going to court?

How do I sign over my parental rights without going to court?


Can a 17-year-old in North Carolina move from her father's to her mother's without going through the court system?

If the minor has the permission of the custodial parent she can. However, if there is a child support order in place, it will become a matter of the court regardless.


Can mother take kids out of state without notifying the father?

If the kids live with the father then he can... but if the kid live with the mother then he has to notify her first.


If the father has court ordered custody can the mother fight for custody?

Yes, a mother can fight for custody. Unfortunately, the courts are going to tell you no, if you can't prove the change in custody is beneficial to the child's well being.There were reasons why the father was granted custody in the first place. Generally, there must be a change in circumstances in order to take the case back to court. If nothing has changed there is no reason for the court to spend time going over the same case again. Perhaps the mother can prove to the court that the factors leading the court to award custody to the father have been addressed. Perhaps the child is better off with the father. The mother needs to convince the court that a change in custody is in the best interest of the child and not the mother's interest.


Can a father get full custody for his son if sister of mother has temporary custody?

Asbsolutely ! It depends on the circumstances of the parents. The court will decide which parent is in the best position to provide on-going care for a child. They will, however, usually order 'visitation rights' to the parent not granted custody. The custodial parent has no right to defy the court order without authority from the judge. So, for example, say the father was awarded custody, and the court ordered that the child is stay with the mother every second weekend... The father couldn't refuse the child staying wiht the mother for the time granted without going back to court.


Can a 17 year old move in with her mother against her father's wishes?

If the court decree says that her father has custody, then no she may not. Legally. Now, as a practical matter... it's going to be pretty hard to convince a court to actually do something about it unless the mother is addicted to crack or something (and even then, it's probably going to be a hassle).


Can a grandmother take custody of her grandchild if the mother is unfit and the father lives is in jail going to get deported?

The court would have to award you custody.


What if a mother goes away with another man and leaves her children with father for 5 daysshe is having an affair and is going out of state..?

There is no law that stops the mother from going away with another man and leaving the children with the father. However, these circumstances would make it difficult for the mother to win custody of the children in court.


How do you file court papers against a mother for abusing the system after keeping the child from the father by breaking custody order and going to court 14 times in PA?

see links


Is it possible for a father that has a history of abuse and a felony on his record to gain any type of custody?

if its taken to court and the mother has a clean record she will most likely get custody of the child and if the father does not pay child support he has no rights at all..(im going though this same thing in court) about the only way he can is if he proves that the mother is unfit


If the father does not see the baby can he lose his rights?

To my knowledge visitation rights are only ever revoked by a court after going through legal proceedings , so in theory if he does not see the child and the mother moves to court it is possible.

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