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You could file an appeal of the order, I suppose; however, in general false testimony must be rebutted at the time it was offered.

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Q: Can you request a new custody hearing if you found proof the father lied about still having a job to the judge at your custody hearing?
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You are having problems with your late wifes mother she is trying to gain custody access what do you do as a father?

Does she want custody or access?


Does having sole custody mean you can claim your kids and the father cannot?

As long as you have the children 51% of the time. Custody is not an issue regarded by the IRS.


Is there anything significant regarding unmarried parents having custody of children?

Yes. Custody is very different for unmarried parents.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 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.Yes. Custody is very different for unmarried parents.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 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.Yes. Custody is very different for unmarried parents.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 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.Yes. Custody is very different for unmarried parents.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 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 your son father name is not on the birth certificate and the child is carrying your maiden name and is living with his father means that now the father has sole custody of the child?

Do the kids make fun of him for having your maiden name? Did you give him custody of the child? Is he his guardian? If so, then yes.


Can the mother who has full custody stop the father from having a say on how the children are raised?

Yes, but I teach fathers how to change that.


Can a mother have full custody if the father is not on the birth cert?

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.


What is the best way for a father to get custody of his child?

There is only one way and that is to go to court. Having a good lawyer helps.


Do you have to drop off your children if the custody order is not signed?

No, you don't, but isn't the greater concern the children having access to their father?


In the state of TN who gets custody if the parents were never married?

The welfare of the child should be the main issue. The best parent or maybe both paremts should have custody. Who is to say that one parent is better than the other with out prove of child abuse. During custody battles, the parents are so wrapped up in themselves that the children are not actually considered. the mother has sole custody if she is not married, a father has many more rights if the child has his last name, or if he is named on the birth certificate. However, if an unmarried mother has a child who has the father's last name and she gets the child taken from her by the state, the father would actually have to file a custody petition in order to try and get custody. Nothing is automaticly in his favor there.


Can a parent who has sole custody and father has legal custody take child out of country without consent of parent with legal custody?

You need a letter from the other parent giving permission. Otherwise you risk having difficulty either leaving or returning.


My son's father will not let me have my son. What can I do?

If the father has full custody, you can't do anything. If you have a custody agreement set up, that includes you having visitation -- take the father to court. If there is no agreement, take him to court, and get it settled. You failed to mention the jurisdiction where you live, marital status, whether there are any existing court orders, whether the father has legal custody and where the father got the authority to prevent you from seeing your child. You need to add details. See related question links.


What rights does a father have if the mother gives permission for their child to live with dad?

It depends on several factors including whether the parents are married, divorced or unmarried and whether there are any outstanding court orders regarding custody and visitation. Some points to consider:If the parents are married both parents have equal parental rights.If the parents are unmarried and there are no court orders regarding paternity the father has no legal rights until he has established paternity through the court. He can then request custody or visitations. In this case the mother must consent to the father having legal physical custody which she can do without giving up her parental rights.If there are any existing custody and visitation orders those must be modified by the court in order for the father to have legal custody.The parties should seek the help of an attorney who specializes in custody issues who can review the situation and explain the options.