Yes, if conditions exist that show the mother is an unfit parent, the child is being neglected, abused or in anyway physically or emotionally endangered. It is irrelevant whether the 16-year-old is agreeable to the action or not.
when or why? Mothers will lose custody if they are found unfit by a family court
Not unless he has established his paternity legally and has obtained joint legal custody.
file for custody
Depends entirely on which country you're in ! Remember this forum is NOT exclusive to your country - it's accessed all over the planet ! Added: In the US, the 16 year old would be considered a runaway. If she wants to get away from an abusive mother legally, she should contact the authorities and have herself removed from her mothers' custody.
Under all circumstances, unwed mothers have sole custody and control in every state until paternity is legally established. The mother has a medical record that proves maternity. Since there was no marriage the father must prove his paternity. Then child support and visitation orders can be established, and petitions for custody can be filed.
Courts will sometimes give custody of children to mentally ill or borderline mothers. It will depend upon the severity of their cases and they will be assigned social workers.
Sole custody is not common these days except for single mothers. see links
Single mothers have sole custody until the court rules otherwise, but in Texas you can get a jury trial.
Neither parent should keep a child away from the other parent if there is no good reason. A good reason would be abuse, neglect, drug abuse, etc... If there are problems with custody and there are not court custody papers, there needs to be. Go to the court house and have the process started. Without these papers, either parent could keep the child (as long as the father is proven to be the father or his name is on the birth certificate) and it is not kidnapping. There is not court order preventing it. Also remember that the mother does not always automatically get full physical custody. The court looks at what is best for the child, not the parents.
yes
YES! not all mothers should be granted full custody of their children!
single mothers have sole custody even without a court order.