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In cases where the biological parents are not married the law presumes that the mother has sole custody rights. The father would have to establish paternity to the satisfaction of the court before custody, visitation or child support issues could be addressed. In cases that pertain to a child born in a marriage both parents are assumed to have equal rights until the court rules otherwise. If one parent filed for sole custody the other would be notified and would have the legal right to contest the action.

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17y ago
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14y ago

No. Biological parents must be notified when the issue concerns minor children of which they share custodial rights. If the couple are not married the law presumes that the mother has sole custodial rights to the minor child/children until legal procedures are followed that might allow the biological father custodial and/or visitation rights.

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12y ago

In the US, no. Only a court can grant legal guardianship. If your child's father filed a petition to transfer legal guardianship to his parents you should be notified as the child's parent as long as your address is known to the father. You would have an opportunity to appear at the hearing and file an objection.

In the US, no. Only a court can grant legal guardianship. If your child's father filed a petition to transfer legal guardianship to his parents you should be notified as the child's parent as long as your address is known to the father. You would have an opportunity to appear at the hearing and file an objection.

In the US, no. Only a court can grant legal guardianship. If your child's father filed a petition to transfer legal guardianship to his parents you should be notified as the child's parent as long as your address is known to the father. You would have an opportunity to appear at the hearing and file an objection.

In the US, no. Only a court can grant legal guardianship. If your child's father filed a petition to transfer legal guardianship to his parents you should be notified as the child's parent as long as your address is known to the father. You would have an opportunity to appear at the hearing and file an objection.

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12y ago

No. Not unless the father's parental rights have been legally terminated. The grandmother's guardianship would need to be approved by the court and the father would be given notice. He would have the opportunity to object. If he did file an objection the court would arrange to investigate the situation and then render a decision based on its findings.

No. Not unless the father's parental rights have been legally terminated. The grandmother's guardianship would need to be approved by the court and the father would be given notice. He would have the opportunity to object. If he did file an objection the court would arrange to investigate the situation and then render a decision based on its findings.

No. Not unless the father's parental rights have been legally terminated. The grandmother's guardianship would need to be approved by the court and the father would be given notice. He would have the opportunity to object. If he did file an objection the court would arrange to investigate the situation and then render a decision based on its findings.

No. Not unless the father's parental rights have been legally terminated. The grandmother's guardianship would need to be approved by the court and the father would be given notice. He would have the opportunity to object. If he did file an objection the court would arrange to investigate the situation and then render a decision based on its findings.

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12y ago

No. Not unless the father's parental rights have been legally terminated. The grandmother's guardianship would need to be approved by the court and the father would be given notice. He would have the opportunity to object. If he did file an objection the court would arrange to investigate the situation and then render a decision based on its findings.

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12y ago

In the US, no. Only a court can grant legal guardianship. If your child's father filed a petition to transfer legal guardianship to his parents you should be notified as the child's parent as long as your address is known to the father. You would have an opportunity to appear at the hearing and file an objection.

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11y ago

Only in an emergency and on a temporary basis. Generally, the court will schedule a full hearing within a reasonably short time span.

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14y ago

Yes.

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Q: Could a father get custody of his son?
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Can you get custody of your son who was thrown out by his dad who has physical custody NJ?

Depends on the circumstances. Someone should already have custody. If the father has custody and threw his son out. He the father could be held criminally and civily liable depending on the state. Most state have criminal laws against this type of action. Also, why he threw his son out is an important factor. However, if an exsisting custody order is in place, you would have to petition the court for a change of custody. If there is no custody order then apply for one. You may or may not need an attorney depending on the state and complications of the case.


Can your baby's father win custody of your son if he is in the country illegally?

No, he could be arrested as soon as he put his foot in court and sent back. He can never get custody as long as he is an illegal alien.


If mother has sole and legal custody of eighteen year old son and son went to live with father can father get sole custody of 18 year old son?

well by law, he is now a adult, so he can make his own decissions, but i do not think his father can no longer get custody because he is 18, but im not 100% sure


If son is living in unsanitary conditions how can father get custody?

see links


Can the biological mother get custody of son that lives with the adopted father?

Yes, she can. All she has to do is press suit to have custody awarded, or convince him to give her custody.


Could you get into trouble for leaving state with son if you have been living with father but are not married?

Depending on the state, yes. Arrange a custody agreement first.


Can divorced father with primary custody let child live with his 28 year old son and wife or does the child have to stay with mother if not with father?

That depends on the custody order, but she can file for a change of custody.


Im the father and you live in IL The mother lives in TX your son lives with you If you have joint custody but you have residential custody can you the father still get child support?

yes


Can you change your son's last name without his father's permission if you have sole custody and his father has NO partial custody or visitation rights?

Yes you can. The legal guardian decides.


If the aunt has custody how could the father go about getting custody?

the biological father is next of kin


Can a father get custody of his son if birth mom is an active drug user?

Totally. However you have to consider the state of the father, whether he may not have the means for custody, whether he himself is a drug user or an alcoholic e.t.c, if the father is one of the above then the custody of the son will be either close relatives, foster homes e.t.c.


What would happen if i have win custody of my son but after the father request a paternity test and is not his son?

That depends on the state.