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Parental custody rights must usually be established before child support can be addressed. Generally the parent with whom the child resides is the one that the court presumes is the custodial parent unless the parent who the child does not live with wishes to contest the matter. However, since no marriage existed between the parents, it will in this case be necessary for the father to file suit for custodial rights before he can pursue any other actions against the absentee mother. In addition, paternity must be established by the father to the satisfaction of the court according to the laws of the state in which the child was born, before the court will take the custodial matters and other issues pertaining to the child into consideration.

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Q: Does a single father who was never married to the child's mother need to establish custody before he can petition the court for child support?
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What rights does a father have to my baby if he is married to someone else and we were never married basically he committed adultery when my child was conceived and i was unaware that he was married?

He has the same rights as any other father, the fact that he was married to someone else is irrelevant. But since you were not married he needs to establish paternity in court so he can petition for visitation or custody and also pay child support.


Can a wife petition for child support if still married and she lives with another man?

She is committing adultery and involving her children. It is unlikely the court would support her actions while she is still married. The court may award custody to their father. She should file for divorce if she wants child support.


What are the child custody laws for unwed parents in VA?

When the parents aren't married the mother has sole custody of her child. Once paternity has been established the father can petition for joint custody or visitation rights. A child support order will also be issued at that time. See the link provided below for a sample booklet on never married parents questions and rights in Massachusetts and a link for child custody laws in the US.


Is the child state property if the parents are not legally married?

No. A child is no one's property. An unmarried mother has sole custody until the father establishes his paternity in court. Once paternity is established the father can petition for custody and/or visitation and the court can prepare a child support order as necessary if the mother retains sole physical custody.No. A child is no one's property. An unmarried mother has sole custody until the father establishes his paternity in court. Once paternity is established the father can petition for custody and/or visitation and the court can prepare a child support order as necessary if the mother retains sole physical custody.No. A child is no one's property. An unmarried mother has sole custody until the father establishes his paternity in court. Once paternity is established the father can petition for custody and/or visitation and the court can prepare a child support order as necessary if the mother retains sole physical custody.No. A child is no one's property. An unmarried mother has sole custody until the father establishes his paternity in court. Once paternity is established the father can petition for custody and/or visitation and the court can prepare a child support order as necessary if the mother retains sole physical custody.


How can a father gain custody rights to his children in the state of Kentucky?

If the parents are unmarried the father must establish his paternity legally. Once he has established his paternity he can petition for custody, visitation and a child support order can be established. Unless you can prove the mother is unfit to be a parent, it is really hard to take custody away from the mother in Kentucky. However, a father may be awarded joint custody or/and a visitation schedule. He should seek the help of an attorney who specializes in custody issues.

Related questions

Can the non custodial father file for a child support order for himself?

Yes. A non-custodial parent can file a petition to establish his parental rights. He can petition to establish his paternity, to establish custody and visitation and to establish a child support order. He should visit the court and ask to speak with an advocate in the family court. If possible he should consult with an attorney.Yes. A non-custodial parent can file a petition to establish his parental rights. He can petition to establish his paternity, to establish custody and visitation and to establish a child support order. He should visit the court and ask to speak with an advocate in the family court. If possible he should consult with an attorney.Yes. A non-custodial parent can file a petition to establish his parental rights. He can petition to establish his paternity, to establish custody and visitation and to establish a child support order. He should visit the court and ask to speak with an advocate in the family court. If possible he should consult with an attorney.Yes. A non-custodial parent can file a petition to establish his parental rights. He can petition to establish his paternity, to establish custody and visitation and to establish a child support order. He should visit the court and ask to speak with an advocate in the family court. If possible he should consult with an attorney.


Who has legal custody in Arizona if never married?

The mother. The father have to prove paternity by a DNA test and can then get his parental rights and petition for custody, visitation and pay child support.


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.


Does father still have rights if not named on the birth certificate?

If you live in the US... He has the right to petition the court to establish paternity. Once that is done he can then petition for custody/visitation. Of course, he'll also be responsible for child support.


What Case should an unmarried mother file against the father who is now with another woman?

You should visit the local family court and inquire about filing a petition to establish paternity and to establish a child support order. The father can petition for shared custody and for a visitation schedule.


What rights does a father have to my baby if he is married to someone else and we were never married basically he committed adultery when my child was conceived and i was unaware that he was married?

He has the same rights as any other father, the fact that he was married to someone else is irrelevant. But since you were not married he needs to establish paternity in court so he can petition for visitation or custody and also pay child support.


When can you put the father of your child on child support?

If married, when you divorce him and if single when the child is born. He will then have to prove paternity in court and can then petition for visitation, custody and also pay child support.


What is the position of a father and his extra marital child with reference to custody?

If he wants his parental rights he must establish his paternity legally by a DNA test. He can then petition the court for shared custody, visitation and pay child support. The mother has sole legal custody of her child until then.


Who has custody of minor childif parents were never married in the state of Ohio?

The mother. The father have to go to court to get his parental rights by providing a DNA test. he can then petition for custody, visitation and pay child support.


Can the father get custody if mother leaves to go to another state to work and father keeps child even if they arent married and he is still paying child support?

Yes. He would have to petition the court for custody.


Who has custody of the children if you're not married?

Mom. Dad must establish his paternity legally through a DNA test. Once established he can request visitation and custody rights and pay child support if the mother will retain physical custody.


Who has legal custody of a minor child if parents are not married in Panama City Fl?

The mother. The father have to petition the court for visitation and custody after paternity has been established with a DNA test. Then he can also pay child support.