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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 seek other means of establishing his paternity and that is done through paternity test. A paternity test can be arranged through the court and once established the father can request visitations, custody or set up child support for the child.

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13y ago
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18y ago

depending on the crime you did but you should be able to have vistation right with supervision of 2 hrs once a week.

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Q: What rights does the father have if the mom is in jail and they had never been to court for custody before?
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Do you have to file for custody of your child in order to get a court document stating you have sole custody?

No. If the other parent has not had his/her parental rights taken away by the court, he/she is still responsible for providing financial support for the child(ren).


What rights does a man found to be the father by default have to said child?

If a father finds out he is the biological father of a child, he has as many rights to the child as the mother does. He can take the mother to court for custody or to set up a parenting plan.


What rights does the father have if his ex-spouse is in the military and is deployed out of the country and names the step-parent as the caregiver of the children?

If you have not had your rights terminated and you still have joint custody you are entitled to visitation as set up by the court. If you have not been to court before over vistation and your name is on the birth certificate you still have the right to go get your child even if she has put the step-parent as caregiver. If you don't have your custody and she has full custody you may go to court and fight for your rights more than likely if you haven't lost custody over your acts then you will be awarded partial or joint custody so you could keep the child while she was in the military. Im in law school that's what rights you'd have in my state


Does a unwed mother have custody of a child if the father is on birth certificate?

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.


Can a father give up rights if he signed the birth certificate?

It matters if the father is named on the certificate as the father. If so, then he has as much rights as the mother. But in a court of law you might find the mother has a little more. Only if the mother has a problem will the father get custody. The law see's the mother as the one who the child should live with.

Related questions

Can a mom relinguish her right to grandparents?

She can consent to a court ordered guardianship if she has sole custody and the father has no parental rights. If the father has any parental rights he must also consent.She can consent to a court ordered guardianship if she has sole custody and the father has no parental rights. If the father has any parental rights he must also consent.She can consent to a court ordered guardianship if she has sole custody and the father has no parental rights. If the father has any parental rights he must also consent.She can consent to a court ordered guardianship if she has sole custody and the father has no parental rights. If the father has any parental rights he must also consent.


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.


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.


Can an unmarried mother move in state with her child without the fathers permission?

Yes, as long as the move doesn't interfere with the father's court ordered custody or visitation rights. If there are no current court orders then she is free to move.Yes, as long as the move doesn't interfere with the father's court ordered custody or visitation rights. If there are no current court orders then she is free to move.Yes, as long as the move doesn't interfere with the father's court ordered custody or visitation rights. If there are no current court orders then she is free to move.Yes, as long as the move doesn't interfere with the father's court ordered custody or visitation rights. If there are no current court orders then she is free to move.


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.


How long before a mother's rights are terminated when a child has been left with the father?

There is no universal answer to your question. The mother's rights must be terminated by a court order. The father need to consult with an attorney who specializes in custody issues under the laws in your jurisdiction.There is no universal answer to your question. The mother's rights must be terminated by a court order. The father need to consult with an attorney who specializes in custody issues under the laws in your jurisdiction.There is no universal answer to your question. The mother's rights must be terminated by a court order. The father need to consult with an attorney who specializes in custody issues under the laws in your jurisdiction.There is no universal answer to your question. The mother's rights must be terminated by a court order. The father need to consult with an attorney who specializes in custody issues under the laws in your jurisdiction.


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.


Can a handicapped mother sign custody over to a live in boyfriend when the father of the child wants custody?

No. The biological father have rights. Unless the court find him unfit to have custody then there might be a chance.


What custody rights does a father and a husband have to his children after a year of no contact with the children?

Generally, if married he has custody rights equal to the mother unless she has brought a petition for sole custody in his absence. If he is not married his custody rights must be established by a court order.


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.


Does the father have any custodial rights in Texas if the mother has custody but the child lives with the grandparents?

Do you have a court order saying you have visitation? Are you the biological father? If so then YES. Go back to court and file for custody.


Can the unwed incarcerated father assign his custody rights to his child to his mother?

AnswerNo. Only a court can grant custody rights or guardianship rights. The inmate cannot assign his parental rights to his own mother.