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If a parent does not appear at the custodial hearing he or she will usually lose the right to contest any custodial ruling made by the court, and it is irrelevant whether or not the absentee parent signs any documents. This does not mean that said parent does not have the right to file a suit to have the custodial order amended.

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17y ago

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If father signed affidavit of paternity does mother still have legal custody of minor child if never married?

Laws vary in different jurisdictions. Generally, an unmarried father who signed an affidavit of paternity has established his paternity and can file a custody case. If you were never married to the other parent of your child, and never signed an affidavit of paternity then you must establish paternity legally (by a DNA test) before you can start a custody case.


Who has legal custody of minor child in FL when parents never married but father signed birth certificate how does minor change his name when one parent contests it?

The mother has legal custody from birth if never married. The father have to go to court to get his parental rights and prove paternity so he can seek visitation, custody and pay child support. The mother is in this case the one who decides what name the child will have since she is the guardian.If the custody is not with father, then after getting the custody , they may change the name.


Kid living w unwed father that never signed birth certificate or went to court w mom for custody so can the mother assume custody of child meaning take the kid back wo fathers consent when she wants?

Yes. There is no legal relationship between the child and the man with whom the child is living.


Can mother take child out of state - custody was never established?

no because it can be taken as child napping


Who has custody of a child if the parent have never married in the state of massachussetTS?

The mother. The father have to petition the court for shared custody.


Can a child support issue be put in place if in jail?

Who is in jail? If the child is in jail, they have custody. If the adult is in jail, they should never get custody. If the spouse is in jail they should not get custody. Jail would have no bearing on the time of custody, just who should be able to even see the child.


Can your child support case close if you requested the forms but never signed them?

If you never signed and filed the forms then it is likely that a case was never opened.


Who has legal custody of a minor child if never married in Illinois?

The mother. The father have to prove paternity in court and petition for custody, visitation and can then also pay child support.


In the state of louisiana if you sign custody papers in front of a lawyer whom is also a judge but the paperwork was never filed with the court is the paperwork still binding?

Custody papers are not binding until a judgement has been made on your case. The lawyer may be a judge however he may not be the judge handling your case.


Can a father who hasn't been around and never seen the baby try to get custody after being absent almost a year and doesn't attempt to interact with the child or any type of support?

Yes. There is no custody over the child. From birth until someone files custody it is joint. If he picks the child up and doesn't return you cannot call the police because there is no paperwork saying he can't. So. Yes he can.Added: However, if the mother is unmarried during the 300 days prior to and after the birth of the child, paternity must be established in order for the father to have rights. It is not uncommon for paternity to be established legally later in the child's life. It would, however, be uncommon for a father who has never had interaction with the child to get full custody of the child unless the mother is unfit. He will, however, likely get standard visitation unless there is some reason for him not to. It is presumed in the best interest of a child to have a relationship with both biological parents.


Who has legal custody of minor child when parents never married in Connecticut?

the person who has physical possesion of the child.


Who has legal custody of a minor child when parents never married in Georgia?

The mother. The father have to petition the court for custody or visitation right.