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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 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 and once established the father can request visitations, custody and set up a schedule of regular child support payments for the child.

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13y ago
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12y ago

Yes, she can take her child and leave. He would need a court order to have access to the child unless there is already one.

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Q: Can a mother take a child back from the father when they are unmarried?
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If a got married can the mother collect back child support from my father?

Marriage of the mother, father or child have no relationship to the collection of a debt.


In California does an unmarried mother with no custody agreement allowed to live in another town After 1 year can the father force her to move back?

who can help a unmarried mother in California get legal and physical custody for free


If the father of a child gets married and owes back child support can the spouse be obligated to pay his back child support in CA?

An unmarried father cannot "choose" to not pay child support. The laws in every state require that a father pay for the support of his child. The mother must bring an action to the appropriate court so that a child support order can be established. Visitation rights are separate and a father can have visitation rights established by the court. Visitation rights are not dependent on paying child support.


If you are 24 years old and your mother is now receiving back child support from the father are you allowed to get the child support from the mother?

no it goes to the mother.


In Michigan if two people have a child together with no custody agreement can the mother take the child from the father?

Only in cases of illegitimate births. Well, the mother can take the child but she can't stop the child from seeing the father. the child deserves to see the father in their life. The father can also take the child back and the parents can share time with the child. Or the child can make his/her own decision to live with the mother or father.


What would happen if a child is with their father for his weekend and child runs away to the mother with primary custody?

The police can bring the child back to his father since the court order says it is his weekend. The mother also have a responsibility to make sure the child is brought back and can not break the court order.


Is it illegal for a father to take a child from the mother and not give the child back?

It would be illegal. He is committing the crime of kidnapping.


Can an unmarried father in Texas be ordered to pay back child support for the time period before the court ordered paternity test established his paternity?

Yes. First paternity must be established legally.If paternity is established through the court ordered DNA test the mother can request child support for the time during which no child support was paid by the father prior to the DNA test.


Would the courts give back a minor child to the mother from the presumed father when asking for DNA?

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 can establish his paternity through a DNA test. A paternity test can be arranged through the court. 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.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 can establish his paternity through a DNA test. A paternity test can be arranged through the court. 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.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 can establish his paternity through a DNA test. A paternity test can be arranged through the court. 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.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 can establish his paternity through a DNA test. A paternity test can be arranged through the court. 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 an unmarried mother and father sign joint custody to two non relatives can the non relatives and the father legally refuse to let the mother have her son back when she has done nothing wrong?

In my opinion, depending on how old the son is, and the mental state of the mother, she should have some say in the custody over her own birth child. As far as the two non relatives go, in most cases they should have no say in the outcome of the placement of a child they have no control over.


What if the father has custody of the child at age 17 and the child run away to the mother within the same state can the mother get in trouble with the law when she does not give the child back him?

Yes, harboring a runaway.


How can a mother get custody of her child when the father signed the birth certifcate but has not assumed responsibliity?

If he has abandoned the mother, talk to a lawyer. There may be a law in your state that after so many years of 'abandonment' custody is automatic. Get a lawyer and file for full custody if abandonment is not the issue.