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Does a unwed mother have custody of a child if the father is on birth certificate?
Wiki User
∙ 12y ago
The unmarried father must file a petition in the family court to establish his parental rights legally. Once established, he can request visitation rights or custody through the family court. If the mother retains custody he will be granted a visitation schedule and will also be subject to a child support order.
By not establishing his parental rights legally at the time of birth, the unmarried mother has freedom of movement. Once she moves with the child to another state it will be much more difficult and costly for the father to pursue his parental rights.
Wiki User
∙ 11y ago
Wiki User
∙ 12y agoOnly if unmarried to the father. Single mothers have sole custody in 49 states by default. This is regardless of whether she's living with the father or not.
yes but if theres no legal paperwork then its whoever is holding the child
Wiki User
∙ 13y agoThe mother has sole custody if the parents are not married and there are no court orders regarding custody.
A father who wishes to have parental rights must have his paternity established through the court.
Wiki User
∙ 12y agoIf the father signed the birth certificate, then the mother will have to go to family court to obtain sole custody of the child, whether or not the case will be contested.
Wiki User
∙ 14y agoEven if the father's name is on the birth certificate, and is living with the mother, except in Arizona.
Wiki User
∙ 13y agoHe has the right to pay child support and petition for visitation.
Wiki User
∙ 13y agoNo she cant be the mother or have custody for a child she dont even own
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Man signed birth certificate that's not the father there is a bio father and the child is not living with the mother which is unfit so does the bio father have full custody?
No, as he has no legal rights to the child even if he sign the certificate himself. You will need to file for custody. see links below.
Who has custody when both of the parents names are on the birth certificate?
Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.
Does the unmarried mother still have custody of a child if that child has the fathers last name?
If you live in the US... The child having the father's last name has NOTHING to do with custody. If Dad is listed on the birth certificate as the father, then both parents have equal custodial rights until a court declares otherwise--you need a custody order. If Dad is not listed on the birth certificate, it will be a simple thing for him to petition the court to establish paternity and once that's done he can then petition for custody/visitation.
What if the mother tells someone else they are the father and he is not but signs birth certificate can the bio-father pursue custody?
First, the "real" father must establish paternity - until/unless the court rules otherwise, the guy who signed the BC is the father.
Can the biological father get any custody rights if he did not sign the birth certificate and the mother of the child was married but is divorced now and her ex husband signed the birth certificate?
Yes, but he will have to file a petition for visitation. He may also have to go through paternity testing to verify.
Who gets custody of a child when mother hangs herself and the father is on birth certificate?
Having one's signature on the birth certificate is a good first step, but it will not automatically give custody to that man. The court will look at all of the circumstances of the case.
Who Gets Custody When the Father is Not on the Birth Certificate and unwed?
In most states, the biological mother receives presumptive custody unless and until modified by court order.
Man signed birth certificate that's not the father there is a bio father and the child is not living with the mother which is unfit so does the bio father have full custody?
No, as he has no legal rights to the child even if he sign the certificate himself. You will need to file for custody. see links below.
Can single mother leave custody of child to another family member in her will if father is not on birth certificate even if paternity is proved?
maybe
What rights does a unwed father have if he signs the birth certificate in Louisiana?
he has the right to fight for custody of the child involved but in the end depending on the situation the mother would be granted soul custody unless the mother is less fit than the father to raise the child
Does the mother get sole custody of children if never married to the father if they split up even though he is on one of the six kids birth certificate by Michigan law?
Except in Arizona, the mother has sole custody and the father has to apply for his rights through the courts.
If an unmarried couple in Wisconsin gave children the father's last name who has custody of those children?
That depends on local law but unless the father is registered as being a parent on the child's birth certificate, the custody is with the birth mother and the father has no or few rites. Also in a dispute, the courts will normally give custody to the birth mother unless there are clear overriding reasons, in the interest of the child, why this would not be appropriate.
Does the birth mother have automatic custody if she and father are married?
No, although most courts favor custody to the mother.
How can an unmarried mother obtain authorization to take her young son overseas if she and the child's father have never been married or established custody and the father will not sign the forms?
If the father is named on the birth certificate then the mother will have to file a writ of habeas corpus to request sole custody of the child. The father will be notified of the action and will be given a chance to contest it. The court will then rule as to which parent should retain custody or if it should be shared and if the child can be taken outside of the country. If father is not named on the child's birth certificate all the mother must do is present the birth cerificate at the time she applies for a passport for the child.
Which states do not automatically give sole custody to mothers?
All of them particularly if the father has signed the birth certificate or has otherwise been legally deemed as the father. ' The law has become gender-neutral in areas of child custody and the father has as many rights as the mother when it comes to custody. Ultimately, it comes down to the decision of the judge who would be better suited to act in the best interests of the child and custody is awarded based on the same. The mother has presumptive initial custody in some states, particularly if the father's name is not on the birth certificate or paternity is otherwise legitimized/established until custody is mandated by the courts.
Can father sign birth certificate allowing him to immediately enforce his paternal rights and full legal guardianship with physical custody of newborn before DHS interferes on behalf of unfit mother?
It depends on state law, but usually more than a name on a birth certificate is required for an illegitimate father to obtain custody or parental rights. He have to provide a DNA test to prove he is the father and then he can petition for custody.
What rights do you as a father have?
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 by signing the birth certificate at the time of birth (waiving DNA testing rights) which must be done with mother's consent.If he doesn't sign the birth certificate then he must seek another way to establish his paternity and that is done through a DNA test. A paternity test can be arranged through the court. Once paternity has been established the father can request visitations, custody or joint custody, or the court will set up a schedule of regular child support payments for the child if she is to remain in the custody of her mother.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 by signing the birth certificate at the time of birth (waiving DNA testing rights) which must be done with mother's consent.If he doesn't sign the birth certificate then he must seek another way to establish his paternity and that is done through a DNA test. A paternity test can be arranged through the court. Once paternity has been established the father can request visitations, custody or joint custody, or the court will set up a schedule of regular child support payments for the child if she is to remain in the custody of her mother.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 by signing the birth certificate at the time of birth (waiving DNA testing rights) which must be done with mother's consent.If he doesn't sign the birth certificate then he must seek another way to establish his paternity and that is done through a DNA test. A paternity test can be arranged through the court. Once paternity has been established the father can request visitations, custody or joint custody, or the court will set up a schedule of regular child support payments for the child if she is to remain in the custody of her mother.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 by signing the birth certificate at the time of birth (waiving DNA testing rights) which must be done with mother's consent.If he doesn't sign the birth certificate then he must seek another way to establish his paternity and that is done through a DNA test. A paternity test can be arranged through the court. Once paternity has been established the father can request visitations, custody or joint custody, or the court will set up a schedule of regular child support payments for the child if she is to remain in the custody of her mother.
