The mother. The father have to petition the court for shared custody.
IT DEPEND ON IF THE FATHER IS SHARING CUSTODY.
Generally, as an unmarried mother you already have sole custody of your child under the law in every state. The father must establish his paternity in court in order to obtain shared custody and visitation rights. Until he does, you have sole legal custody.
Yes, if he has visitation rights or shared custody, she will need his consent.
You may apply to court for another custody order.........
No, unless a custody order is being violated, it is not kidnapping for the Father to move out of state with his own children.
First you need custody of him and the only way to get that is by going to court. If the father then have shared custody or visitation rights both he and the court have to then give you permission to move the child out of state. You also, satisfactory to you both, solve the issue about the child being able to see both parents so the visitation or shared custody order is not broken. So unless his father is willing to give up custody and let you take your son out of state you will have to move without him.
Not if there is a court order for visitation or shared custody. She would then need your permission and the courts.
Yes. He would have to petition the court for custody.
It depends on the state the father lives in, the custody laws of that state would determine if he had a real, legal reason for taking the children for her. Another condition would be WHY she was incarcerated. He would need to see a family lawyer who practices family law in his state.
Generally the law is not applicable when the other parent does not live in the starte.
The mother automatically have custody from birth and the father can petition for custody, visitation and also pay child support after he has proved paternity in court by providing a DNA test. As long as the mother is fit he will get shared custody at the most.