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Generally, yes. However, custody is a complicated issue and is generally determined by a judge.

  • If no custody order has been issued when it pertains to a married couple the law presumes both biological parents to have equal custodial rights.
  • If the couple is unmarried the mother has full legal rights to the child until the father establishes paternity and is granted custodial or visitation rights by the court.
  • Custody orders are made part of a divorce when there are minor children of the marriage. Custody labels change depending upon the jurisdiction in which you reside. It is important to know and understand the proper custody labels and have them applied in your child custody order.

Generally there are two types of custody addressed by courts:

  • Legal Custody: Legal custody refers to making major decisions in your child's life such as medical and health related decisions, education, and welfare.
  • Physical Custody: Physical custody refers to which parent the children reside with on a day to day basis.

Sole Legal

One parent has the right to make any decisions that affect the child.

Joint Legal

Both parents have the right to be involved in decisions regarding the child.

Sole Physical

The child resides with one parent who is said to have primary physical custody. The other parent may or may not have visitation rights pursuant to a visitation schedule either issued by the court or arranged by the parents.

Joint Physical

Arrangements are designed that provide the child will spend 50% of their time with each parent. Child support is modified based on this time split and the differences between their incomes.

Generally the phrase full custody is used casually to refer to a parent with sole legal and physical custody. Sole legal custody means that the parent has the right to make all decisions that affect the child. That includes such things as where the child resides, attends school, medical treatment, etc. Joint legal custody means the parents both have an equal right to make decisions regarding the child and one must consult the other before making important decisions. Primary physical custody refers to the parent with whom the child resides the majority of the time.

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9y ago
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13y ago

It is not clear from your question whether you are the father of the child. If you are the father of the child, you are legally obligated to pay child support if a child support order has been entered by a court. If you are not the father of the child but are living with the child's mother you are not obligated to pay child support.

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14y ago

Yes, both parents are obligated to financially suppor their minor child. The court will order the support to be paid to the person who has legally custody of the minor child. If there is no legal custody in place, the court will decide who should retain such and both parents will be ordered to pay accordingly.

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9y ago

Yes. If the father has sole custody or physical custody the mother will be required to pay child support under normal circumstances. Both parents are responsible for supporting their children.

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14y ago

That would be up to the courts and what was in your divorce agreement.

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12y ago

If mom is a non-custodial parent, it's likely she will have to pay child support.

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15y ago

Do what the court says, but fight for it.

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Q: If both parents live in the home do the father have to pay child support?
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Related questions

Should the father pay child support if he takes care of his children?

Both parents should pay child support. They both take care of their children.


If a father is age 17 and mother is age 20 does the father have to pay child support?

Yes both parents still have a legal obligation to support the child monetarily.


Can the mother that stays with the babys father still receive child support?

Child support law assumes that one or both parents are absent.


Does a father have to pay child support if not married but the mother is living with him but the baby lives with her parents?

If the grandparents are legal guardians and the child is living with them, the both of you as the biological parents have to pay child support to the grandparents.


Do illegitimate child could ask for child support even if the child was not acknowledged by the father and their parents are not married?

The parent of an illegitimate child may ask for child support. Regardless if the parents have ever been married, every child deserves to grow up with the support of both parents.


Can a maternal grand parent get child support from kids father if mom is in jail and has temporary custody?

Yes, both parents owe her child support.


How do you modify a child support order when one child moves into the father's home in California and the other child remains with his mother in Texas still collects child support for both children?

Neither of the parents have to pay because they both have a child.


How is child support figured for unmarried parents if the father has no work and the mother is still studying?

That is up to the child's parents to figure out. The father can do yard work and odd jobs to earn money to support his child. The mother can find part time jobs outside of school hours and they both can share child care.That is up to the child's parents to figure out. The father can do yard work and odd jobs to earn money to support his child. The mother can find part time jobs outside of school hours and they both can share child care.That is up to the child's parents to figure out. The father can do yard work and odd jobs to earn money to support his child. The mother can find part time jobs outside of school hours and they both can share child care.That is up to the child's parents to figure out. The father can do yard work and odd jobs to earn money to support his child. The mother can find part time jobs outside of school hours and they both can share child care.


Is the father the only one that has to pay child support if the mothers parents have custody of the child?

No, both biological parents are obligated to care for their child. However, it depends on the circumstances and the court orders in the case.


Tennessee they go by both parents income to determine child support what if the mother quit work and both kids in school and is able to work and the father pays child support why should support go up?

Contact an attorney.


What rights do you have to receive child support for two children whoms father you were not married to?

Child support is the right of the child. Whether two parents were married or not does not make a difference in both parents being financially responsible for any children that were the result of a relationship.


When you ask for child support and the father is married do they combin the both of there income?

No, only the biological father will be assessed child support.