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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.

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12y ago
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17y ago

No. The parents can technically give the child any name they wish.

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14y ago

Not yet, but paternity fraud laws are evolving, and states are now considering mandatory paternity testing.

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12y ago

No. The parents supply the information that will comprise the birth record. The father can sign it even if he wasn't present at the birth.

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12y ago

If you are unmarried the answer is no. If you are married that is a decision for both parents to make.

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Q: Does the father of the child get custody if his name is on the birth certificate?
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Man signed birth certificate that's not the father there is a bio father and the child is not living with the mother which is unfit so does the bio father have full custody?

No, as he has no legal rights to the child even if he sign the certificate himself. You will need to file for custody. see links below.


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.


Who gets custody of a child when mother hangs herself and the father is on birth certificate?

Having one's signature on the birth certificate is a good first step, but it will not automatically give custody to that man. The court will look at all of the circumstances of the case.


Can single mother leave custody of child to another family member in her will if father is not on birth certificate even if paternity is proved?

maybe


How can an unmarried mother obtain authorization to take her young son overseas if she and the child's father have never been married or established custody and the father will not sign the forms?

If the father is named on the birth certificate then the mother will have to file a writ of habeas corpus to request sole custody of the child. The father will be notified of the action and will be given a chance to contest it. The court will then rule as to which parent should retain custody or if it should be shared and if the child can be taken outside of the country. If father is not named on the child's birth certificate all the mother must do is present the birth cerificate at the time she applies for a passport for the child.


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.


When a child is incarcerated does the maternal grandmother have more rights to the children than the paternal grandfather if the father is not on the birth certificate?

You don't say which of the parents that are incarcerated but their rights to the child comes first. If the father is not in the birth certificate and he has not established paternity to the court so he can petition for visitation or custody and also pay child support, there is nothing that legally says he is the father. Then the maternal grandmother would have a better chance. If the father is not in the birth certificate but he has established paternity to the court so he can petition for visitation or custody and also pay child support, the chance should be equal.


What rights does a unwed father have if he signs the birth certificate in Louisiana?

he has the right to fight for custody of the child involved but in the end depending on the situation the mother would be granted soul custody unless the mother is less fit than the father to raise the child


Will my benefits change if the baby father is on the certificate Im on income support child tax credits and child benefit in a council flat?

If the father is on the birth certificate you will still get all your incomes. The only way this could change for you is if the father had full custody or lived in the home.


If an unmarried couple in Wisconsin gave children the father's last name who has custody of those children?

That depends on local law but unless the father is registered as being a parent on the child's birth certificate, the custody is with the birth mother and the father has no or few rites. Also in a dispute, the courts will normally give custody to the birth mother unless there are clear overriding reasons, in the interest of the child, why this would not be appropriate.


How do you file for custody in Arizona I am on the child's birth certificate?

See Link BelowChild Custody- Can Fathers Win


Is it legal to take a child out of state if father is on birth certificate?

Even if no custody and access orders are in place, the father has up to six months to file an injunction ordering the return of the child to the jurisdiction of the court.