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Can a mother get sole custody if parents are unmarried and both names are on the birth certificate?
Wiki User
∙ 13y ago
This would be an issue for family court in most states. In most cases, though, the father simply assumes that the baby-mama will be custodial.
Wiki User
∙ 13y ago
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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.
If unmarried parents never established custody can the mother relocate with children?
Yes, however the father can file an injunction.
If a unmarried father is in the military and the mother is living with her parents and she has no job what are the chances that the father will get full custody of his child?
15% to
If no court order for custody has been granted and the parents are unmarried who has the custody of a child in California?
Mother has sole custody in every state except Arizona. see link below
Does the father of the child get custody if his name is on the birth certificate?
If the parents are unmarried, simply being the name on the birth certificate doesn't bestow any custody rights. An unmarried father must establish his paternity in court and arrange for a custody hearing if he wants custody. 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 signs the birth certificate he may still need to establish paternity through DNA testing. If he doesn't sign the birth certificate then he must establish his paternity through a DNA test. A paternity test can be arranged through the court. Once paternity has been established the father can request visitations, joint custody, full 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. The court will schedule a hearing and issue an order that is in the best interest of the child.
Does the birth mother need to establish custody?
If unmarried she automatically has custody from birth.
Can a father just take a baby from the mother if they were never married without establishing custody first in Missouri?
No. The unmarried mother has sole custody until the father has established his paternity legally, in court and then requested (and obtained) joint custody and visitations.No. The unmarried mother has sole custody until the father has established his paternity legally, in court and then requested (and obtained) joint custody and visitations.No. The unmarried mother has sole custody until the father has established his paternity legally, in court and then requested (and obtained) joint custody and visitations.No. The unmarried mother has sole custody until the father has established his paternity legally, in court and then requested (and obtained) joint custody and visitations.
Does an unmarried mother have sole custody in the state of AZ?
Yes she does.
Do a mother have rights for full custody if the father sees his child sometimes?
If the parents are unmarried the mother has custody until a court has ruled otherwise. An unmarried father must establish his paternity and arrange for a custody hearing if he wants custody. 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, joint custody, full 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. The court will schedule a hearing and issue an order that is in the best interest of the child.
Will the mother get sole legal custody of the child if the parents were never married and he hasn't seen the child over 4 years?
She already has sole legal custody as an unmarried mother. He can petition for visitation and pay child support.
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.
Who has the custody of a child if the parents aren't married in Michigan?
By default, the mother does. However, other custody arrangements can be made if the parents agree or if it is in the best interest of the child.An unmarried father must establish his paternity and arrange for a custody hearing if he wants custody. 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, joint custody, full 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.
