answersLogoWhite

0

If the parents are unmarried the mother has custody until a court has ruled otherwise. An unmarried father must establish his paternity and arrange for a custody hearing if he wants custody.

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 has been established the father can request visitations, joint custody, full custody or the court will set up a schedule of regular child support payments for the child if she is to remain in the custody of her mother. The court will schedule a hearing and issue an order that is in the best interest of the child.

User Avatar

Wiki User

14y ago

What else can I help you with?

Related Questions

Will the mother or biological fathers stepsister be more likely to get custody of the 7 month old baby of a married woman?

The father's step sister has no legal rights in this case. A mother automatically has custody of her child.The father's step sister has no legal rights in this case. A mother automatically has custody of her child.The father's step sister has no legal rights in this case. A mother automatically has custody of her child.The father's step sister has no legal rights in this case. A mother automatically has custody of her child.


What rights does a mother have if custody hasn't been established?

If you are not married the custody automatically falls on the mother and the father have to go to court to get visitation or custody. If you are married you have equal rights.


If the mother has sole physical custody and shares joint legal custody with the father the two never married if the mother dies can her husband who is not the baby's biological father assume custody?

No, unless the baby's biological father relenquishes his parental rights, he would get custody of the child if the mother dies, not her husband. The biological father must sign his rights away to the mother's husband.


If a father gave full custody of the children to the mother on their divorce papers what right does the father still have to see his children or share custody?

You have the visitation rights that were established in the divorce, and you have no custody rights.


Does the birth mother have to file for legal custody of her son in Virginia even if there is no legal father?

No. If the mother is unmarried then she has legal custody of her child automatically. If the father wants parental rights he must establish his paternity in court.No. If the mother is unmarried then she has legal custody of her child automatically. If the father wants parental rights he must establish his paternity in court.No. If the mother is unmarried then she has legal custody of her child automatically. If the father wants parental rights he must establish his paternity in court.No. If the mother is unmarried then she has legal custody of her child automatically. If the father wants parental rights he must establish his paternity in court.


Can the unwed incarcerated father assign his custody rights to his child to his mother?

AnswerNo. Only a court can grant custody rights or guardianship rights. The inmate cannot assign his parental rights to his own mother.


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.


Can the mother go to the father house and get her child if there isn't a court order saying that the dad has full custody?

No, the mother is no more entitled to custody than the father. If the father currently has temporary or implied custody, then a custody order must first be established before you can get partial custody or visitation rights. For example, if you moved out and left the child in the care of the father, you forfeited your custody rights until an official custody order has been established.


What rights does a father have if the mother has sole custody with unjust visitation withheld?

To fight for your rights see links


Can the mother loose rights if she legitimizes her child?

The father might seek visitation and/or custody.


Can a handicapped mother sign custody over to a live in boyfriend when the father of the child wants custody?

No. The biological father have rights. Unless the court find him unfit to have custody then there might be a chance.


Does the babies father get rights if its taken from mother?

He has rights since he never lost them and would be first in line for custody