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From Macky in Discussion:
If no custody order has been issued when it pertains to a married couple the law presumes both biological parents to have equal custodial rights.If the couple is unmarried the mother has full legal rights to the child until the father establishes paternity and is granted custodial or visitation rights by the court.This means in most instances the biological mother may remove the child from the state of residency without permission from the father, unless a court order is issued prohibiting the act.
What else can I help you with?
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.
How can a sixteen year old father obtain joint custody of his newborn son?
He needs to petition the court to have his paternity established. Once his paternity has been legally established he can petition for joint custody and a visitation schedule. The court will also issue a child support order.
In Texas Does unwed mothers have sole custody if father is in jail?
It depends on whether the case has ever been adjudicated in family court. If paternity has never been established the mother has sole custody. If paternity was established and the father was granted joint custody or visitation rights then those orders stand until they have been modified by the court.It depends on whether the case has ever been adjudicated in family court. If paternity has never been established the mother has sole custody. If paternity was established and the father was granted joint custody or visitation rights then those orders stand until they have been modified by the court.It depends on whether the case has ever been adjudicated in family court. If paternity has never been established the mother has sole custody. If paternity was established and the father was granted joint custody or visitation rights then those orders stand until they have been modified by the court.It depends on whether the case has ever been adjudicated in family court. If paternity has never been established the mother has sole custody. If paternity was established and the father was granted joint custody or visitation rights then those orders stand until they have been modified by the court.
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.
Will your husband have to pay child support on your baby until it is determined if the child is his or not?
No. That determination will be made by the court and then a child support order will be established after paternity has been established.No. That determination will be made by the court and then a child support order will be established after paternity has been established.No. That determination will be made by the court and then a child support order will be established after paternity has been established.No. That determination will be made by the court and then a child support order will be established after paternity has been established.
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.
What do you do if father will not let you see your child?
AnswerVisit your local family court and ask to speak with an advocate. The father has no legal right to keep the children from you unless you have been deemed unfit. Unwed mothers have custody until a custody order has been issued by the court once the father has established his paternity. Married parents have equal parental rights. The court will issue an order that addresses custody, visitation and child support as part of a divorce decree.
If no court order for custody has been granted and the parents are unmarried who has the custody of a child in Oklahoma?
When the issue pertains to unmarried couples the law presumes the mother to have full legal custody of the child(ren). The father must establish paternity before custody, child support or visitation rights can be addressed by the court.
Do you have full custody of your son if his father left?
It depends on your legal status before and after the father left. If you are married then he still has full parental rights until a court renders a custody order. If you have been divorced custody should have been addressed in the divorce decree. If you were never married and he has no previously established custodial rights then you have full legal custody.
Who has custody of an illegitimate child when there is no court decision nor order treating custody?
The law presumes that an unwed mother hold sole and exclusive custody of her child unless/until the court rules otherwise. She does not have to allow visitation rights to the father or the father's family, but neither can she seek child support until paternity has been established.
Can a father file for custody if paternity has not been proven?
No, paternity needs to be established, even of it requires a court order. It can be done in utero, and under limited circumstances, a custody challenge filed in the state where conception took place. see links
How do you get your son back from his father if there a court order been put in place?
You don't say what court order but if he has been given custody you can just petition the court for it. Speak to your lawyer. If you have a custody and he has taken the child and refuse to return him you can call the police since this would be kidnapping.
