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United States

This is a legal problem. In the United States there are laws and guidelines that govern domestic issues and no person must try to solve this type of problem on their own. The laws provide checks and balances to protect the legal rights of the individual from abuse by stronger individuals.

  • An unmarried mother has sole custody of her child until that status is modified by a court order. The father must establish his paternity through the family court and then obtain a court order to establish his custodial rights and/or visitation rights. A child support order can be issued at the same time.

The mother should contact an attorney or a legal advocate at the court immediately. She may be advised to request a restraining order and to have the child returned from the father's home. The state laws must be applied in this case and the court will render its decision based on those laws.

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11y ago
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12y ago

You sure can i took my ex to court and she had to give me visitation and my rights. What saved me is she got married after she had my kid not before that's a whole different situation. You will most likely need a lawyer unless your good with paperwork and court properganda. Just be ready to pay child support also.

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13y ago

Yes. Parentage and custody are different things.

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Q: Can an unmarried father be on a child's birth certificate and still not have custody?
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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.


If the mother and father are not married but the father's name is on the birth certificate can the father take off with the child?

Issues of child custody are not settled by names on birth certificates. Generally, the court will try to determine what is in the best interest of the child. Who is a better parent, the father or the mother? Who will take better care of the child? That is the issue.


Does the birth mother have to file for legal custody of her son in Virginia even if there is no legal father?

No. If the mother is unmarried then she has legal custody of her child automatically. If the father wants parental rights he must establish his paternity in court.No. If the mother is unmarried then she has legal custody of her child automatically. If the father wants parental rights he must establish his paternity in court.No. If the mother is unmarried then she has legal custody of her child automatically. If the father wants parental rights he must establish his paternity in court.No. If the mother is unmarried then she has legal custody of her child automatically. If the father wants parental rights he must establish his paternity in court.


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.


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.


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


What if you're not the birth father but signed acknowledgement of paternity and she takes your son?

If you are unmarried you would need to establish your "paternity" in court before you have parental rights. An unmarried mother has legal custody of her child. She could have you ruled out as the father by requesting a DNA test through the courts. When you knowingly commit perjury on a birth certificate you create a difficult and messy situation for everyone involved. You should consult with an attorney.If you are unmarried you would need to establish your "paternity" in court before you have parental rights. An unmarried mother has legal custody of her child. She could have you ruled out as the father by requesting a DNA test through the courts. When you knowingly commit perjury on a birth certificate you create a difficult and messy situation for everyone involved. You should consult with an attorney.If you are unmarried you would need to establish your "paternity" in court before you have parental rights. An unmarried mother has legal custody of her child. She could have you ruled out as the father by requesting a DNA test through the courts. When you knowingly commit perjury on a birth certificate you create a difficult and messy situation for everyone involved. You should consult with an attorney.If you are unmarried you would need to establish your "paternity" in court before you have parental rights. An unmarried mother has legal custody of her child. She could have you ruled out as the father by requesting a DNA test through the courts. When you knowingly commit perjury on a birth certificate you create a difficult and messy situation for everyone involved. You should consult with an attorney.


Can one parent keep another parent from picking minor children up from daycare?

Yes, if that parent has sole legal custody of the child.Yes, if the parents are unmarried and the other parent (father) hasn't established his paternity legally.Yes, if that parent has sole legal custody of the child.Yes, if the parents are unmarried and the other parent (father) hasn't established his paternity legally.Yes, if that parent has sole legal custody of the child.Yes, if the parents are unmarried and the other parent (father) hasn't established his paternity legally.Yes, if that parent has sole legal custody of the child.Yes, if the parents are unmarried and the other parent (father) hasn't established his paternity legally.


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.


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.


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 you were never married to your child's father and you have sole legal and physical custody who gets custody if you die?

The childs' father, married or not. Your relationship to the father is irrelevent. The father is the first on a long list of family members. Create a living will if that is not acceptable.