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No. Even though an unwed biological mother holds full custodial rights to the child the father of the child must be notified and agreeable to such action.

The court will require that paternity has been established and the biological father has been notified of the guardianship petition. The father then has the option of agreeing or contesting the matter.

FYI, a parent regardless of marital status cannot arbitrarily sign over the rights of their child/children. Temporary custodial rights can be given to another family member or qualified adult. Temporary custody in most instances is considered to be 90 days or less. During that time the biological parent(s) must keep in contact with the caregiver and the child through visitation, phone contact and/or written correspondence. It is also necessary to have a written agreement relating to the arrangement of financial support for the minor child/children.

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12y ago
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13y ago

It would not prevent the father filing a custody challenge.

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Q: Can an unmarried mother sign over guardianship of children without fathers consent?
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Related questions

Can a mother sign over children without the fathers consent?

With court approval


Can an unmarried mother sign over temporary rights without the fathers consent?

Yes, as long as the father has not established his paternity legally. Once he has established his paternity in court he has parental rights and he must consent to any guardianship or the court will schedule a hearing whereby he can explain his objections.Yes, as long as the father has not established his paternity legally. Once he has established his paternity in court he has parental rights and he must consent to any guardianship or the court will schedule a hearing whereby he can explain his objections.Yes, as long as the father has not established his paternity legally. Once he has established his paternity in court he has parental rights and he must consent to any guardianship or the court will schedule a hearing whereby he can explain his objections.Yes, as long as the father has not established his paternity legally. Once he has established his paternity in court he has parental rights and he must consent to any guardianship or the court will schedule a hearing whereby he can explain his objections.


What has the author Leo E Hendricks written?

Leo E. Hendricks has written: 'Unmarried adolescent fathers' -- subject(s): Unmarried fathers


Can you take your children to Australia without fathers consent?

If there are court orders regarding visitation and child support and custody, you will need his and the courts consent. The court orders have to be followed.See related question link.


What are fathers legal right when he has not seen children since they were born and he pays child support and health insurance?

Nothing if unmarried to the mother until approved by the courts. see link


Would the children of the deceased parents go the fathers parents or the mothers?

This would depend on the Will. If not addressed, were the parents married? If not, the paternal grandparents have not claim as unmarried fathers have no assumed rights. Otherwise, if the parents were married, and no Will exist, than it would be a matter for the Probate court.


Two 16 year old children want to move out of their fathers house in New York and live with their mother in Wisconsin is this legal?

Yes if the mother has some sort of legal split guardianship over the children. If not then it may not be legal until you are both 18.


If your children are living with there father by a verbal agreement between him and you what happens if you go and pick them up with out his consent from the baby sitter what will happen to you?

It's legal for mothers to take children in this manner. Only fathers get arrested for it.


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Yes the catholic church in Africa does not allow their fathers and sisters to get married.


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fathers influence their children by encouraging and being kind to them.


Can a child in Idaho be adopted without the biolgical fathers consent?

No. Only in Utah is his consent not needed, just a notification.


Can a mother travel out of city with an infant without fathers consent?

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