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Can a father get the custody of a child even if he is not married and he has other family?
Wiki User
∙ 10y ago
If you have a legal right to custody you can file to enforce that claim. You should seek advice from a family law attorney.
ClarificationThe answer depends on other details which haven't been provided. A step father has no legal rights regarding his wife's child from a previous relationship. If he has had a very close relationship with the child and the mother is declared unfit the court may grant custody. However, the biological father would need to consent. If he objects the court will schedule a hearing. If the non-biological "father" had legally adopted the child then he can certainly petition for custody if there is a divorce. However, the mother will be favored unless she is declared 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
Wiki User
∙ 12y ago
Wiki User
∙ 12y agoyes! They will demand a perternity test to prove that its the child's bilogical father.
Wiki User
∙ 16y agoNO, HE WOULD FIRST HAVE TO ESTABLISH PATERNITY AND PROVEN TO BE THE FATHER. THEN HE WOULD HAVE TO PROVE THE MOTHER WAS UNFIT TO KEEP THE CHILD.
Wiki User
∙ 10y agoyes I don't see why not
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The Child's mother dies grandma want custody of the child over the father who was married to the mother at the time of death but DNA says the father is not the biologicial father?
He can still gain custody as the presumptive father.
Can a father take a child out of state if the parents are not married and there is no custody appointed?
Not without the permission of the child's biological mother. When a couple are not married and there is not a custodial order from the court, the law presumes that the mother has sole custody of the child in question.
Who gets custody of a child born in prison in AZ mother is in prison father is not they are married.?
If they are legally married, the father gets rights until mother gets out of prison, after that it is up to the state. If not legally married, they go into state custody.
If you're not married to the father of your baby and decide end the relationship who gets custody of the child and can you move the child to another state?
The court decides and no.
Father and Mother are not married when Mother decides she does not want to be a Mom then abandons the Father and Child. Does the Father have legal rights for full custody?
The father must establish his paternity through the courts since he and the mother were not married. He can petition for full custody. He should consult with an attorney who specializes in custody issues. The mother's abandonment can certainly be used as evidence that the father should receive legal custody. He is providing the day to day care of the child.The father must establish his paternity through the courts since he and the mother were not married. He can petition for full custody. He should consult with an attorney who specializes in custody issues. The mother's abandonment can certainly be used as evidence that the father should receive legal custody. He is providing the day to day care of the child.The father must establish his paternity through the courts since he and the mother were not married. He can petition for full custody. He should consult with an attorney who specializes in custody issues. The mother's abandonment can certainly be used as evidence that the father should receive legal custody. He is providing the day to day care of the child.The father must establish his paternity through the courts since he and the mother were not married. He can petition for full custody. He should consult with an attorney who specializes in custody issues. The mother's abandonment can certainly be used as evidence that the father should receive legal custody. He is providing the day to day care of the child.
If you were never married to your child's father and you have sole legal and physical custody who gets custody if you die?
The childs' father, married or not. Your relationship to the father is irrelevent. The father is the first on a long list of family members. Create a living will if that is not acceptable.
Can a mother keep a child away from the father if they are still married?
No, if they are married they have equal custody.
Can a father file for joint custody of his child if he is not married in ma?
Yes he can.
In California if you die and was never married to the father of your child can you assign custody to your parents?
More than likely the child will be placed in the biological fathers custody in the event of your death. If the father is not in the child's life it will be best to have him relinquish his parental rights so in the event of such accident the child can legally reside with your family.
The Child's mother dies grandma want custody of the child over the father who was married to the mother at the time of death but DNA says the father is not the biologicial father?
He can still gain custody as the presumptive father.
Does a father have to return tha child to mother if there is no court order in California?
Unless they are married or he has custody he has to return the child or it will be kidnapping. If you are not married and you have not established paternity yet or have not petitioned for visitation or custody she does not have to let you see the child. When not married she automatically get custody since there is proof she is the parent.
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 married father win custody of a child The mother is deceased and child currently living with grandmother?
Custody issues are decided by the courts on the basis of the best interest of the child in question. If the child is likely to be cared for better by the father than by the grandmother, then yes, the father would have a good chance of winning custody.
Could a father get custody of his child if there is a history of mental illness in his family?
Yes. The custody of a child is determined by the best interest of the child. If the court determines that the father is better for the child, he can get custody. Mental illness in his family would probably not even be relevant unless he has mental illness, or if a mentally ill relative lived with him.
When No custody agreement in effect and father didnt return child to mother?
If married, he doesn't have to.
Can the father get full custody of the child if she and the father are married?
Married couples have equal parental rights unless there is a legal separation filed with the court.
Can a father take a child out of state if the parents are not married and there is no custody appointed?
Not without the permission of the child's biological mother. When a couple are not married and there is not a custodial order from the court, the law presumes that the mother has sole custody of the child in question.
