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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. A paternity test can be arranged through the court and once established the father can request visitations, or custody and set up a schedule of regular child support payments for the child if the mother retains physical custody.

To succeed in a petition for custody the unmarried or married father would need to provide evidence that the child would be better off in his custody because the mother is unfit. The factors used to determine that a parent is unfit are generally governed by state laws with child endangerment being the determining factor. The following include some of the reasons a parent may be declared unfit:

  • physical, emotional and sexual abuse
  • excessive discipline
  • failure to protect the child from abuse by others
  • failure to report abuse of the child
  • neglect- failure to provide food, clothing, proper hygiene, necessary medical treatment, schooling
  • failure to provide proper medical care
  • failure to provide day to day parental care
  • serious illness or disability
  • mental illness
  • substance abuse or addiction
  • Alcoholism
  • criminal activity and/or associations
  • incarceration
  • conduct or conditions that are seriously detrimental to the child
  • abandonment
  • child endangerment
  • leaving the child unattended or in the care and supervision of a child
  • a failure to provide adequate supervision
  • unsafe living conditions
  • a medical condition that makes it impossible for the parent to adequately care for the child
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13y ago

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Related Questions

Can a mother with joint custody give child to somebody else other than father?

No. If she tries then the father should immediately seek full legal and physical custody of his child.No. If she tries then the father should immediately seek full legal and physical custody of his child.No. If she tries then the father should immediately seek full legal and physical custody of his child.No. If she tries then the father should immediately seek full legal and physical custody of his child.


If your husband dies will his young child who he has full custody of be sent back to his mother or be allowed to stay with you the stepmother?

Having full legal or physical custody. If it is full legal custody the mother has given up any legal claim to the child. If it is full physical custody with joint legal custody the child will be in the legal custody parents home. She may elect to give the child up to be adopted by the stepmother. In many states (and maybe in all states) if the custodial parent dies, then the non-custodial parent gains custody, provided that that his/her parental rights have not been terminated (and just because he/she did not have legal custody does not mean that his/her parental rights were terminated). Of course, in that event the stepparent can still petition the court for custody. Check with a local attorney.


If legal and physical custody was granted to the mother is that the same as full physical and full legal custody?

Yes. Legal and physical custody granted to the mother means full, sole legal and physical custody.


Does the surrogacy mother have a chance at custody of the child?

As long as the Intended parents have a legal contract with the surrogate that states that they will assume full custody, the surrogate has NO rights to the child and no chance of gaining custody.


My daughter's mom dropped her off with me over 5 years ago. We dropped child support no change was made to legal custody. What should I do to ensure that I have legal and physical custody?

You need to return to the court that has jurisdiction and petition for full legal and physical custody and the termination of that child support order. It would go much easier if the child's mother would consent to the petition for custody.You need to return to the court that has jurisdiction and petition for full legal and physical custody and the termination of that child support order. It would go much easier if the child's mother would consent to the petition for custody.You need to return to the court that has jurisdiction and petition for full legal and physical custody and the termination of that child support order. It would go much easier if the child's mother would consent to the petition for custody.You need to return to the court that has jurisdiction and petition for full legal and physical custody and the termination of that child support order. It would go much easier if the child's mother would consent to the petition for custody.


You have temp custody of 2 children that are not related to you for 1yr how do you get legal custody of them?

File a motion for full guardianship of a child in need of care.


Is it illegal to continue to collect support for a child you no longer have custody of?

Yes. If you don't have legal custody then you are not entitled to accept child support.Yes. If you don't have legal custody then you are not entitled to accept child support.Yes. If you don't have legal custody then you are not entitled to accept child support.Yes. If you don't have legal custody then you are not entitled to accept child support.


How can I obtain full custody in Arkansas?

To obtain full custody in Arkansas, you must file a petition with the court requesting sole custody. The court will consider factors such as the child's best interests, your relationship with the child, and the other parent's ability to care for the child. It is recommended to seek legal advice and representation to navigate the legal process effectively.


Do parents have rights to their children's medical records after they have lost custody?

Generally, the person who has legal custody or legal guardianship of the child has right to the child's medical records. A parent who does not have legal custody is not entitled to the child's medical records. Generally, they would need a court order to obtain them.Generally, the person who has legal custody or legal guardianship of the child has right to the child's medical records. A parent who does not have legal custody is not entitled to the child's medical records. Generally, they would need a court order to obtain them.Generally, the person who has legal custody or legal guardianship of the child has right to the child's medical records. A parent who does not have legal custody is not entitled to the child's medical records. Generally, they would need a court order to obtain them.Generally, the person who has legal custody or legal guardianship of the child has right to the child's medical records. A parent who does not have legal custody is not entitled to the child's medical records. Generally, they would need a court order to obtain them.


Do you have to have full legal custody to sign over rights?

yes you do have to have full legal rights to sign over custody.


When a parent has full legal and physical custody of a monor child do they need permission from the court to move the child?

no,unless the custody agreement states you cant move without notifying the court


Can you get child support if you care for the child of a family member?

You must have legal custody in order to request a child support order from the court.You must have legal custody in order to request a child support order from the court.You must have legal custody in order to request a child support order from the court.You must have legal custody in order to request a child support order from the court.