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Yes, but each case is different. For instance: If the father of the child was into drugs, gangs, just plain lazy and has no interest in the child, then the mother can get sole custody. This of course will have to be put before the courts to make it legal. If the judge is convinced the father is not capable or is unwilling to look after the child and help the mother out, then the father of the child will have to pay support and if he refuses can go to jail. If a judge finds both parents unfit the child can become a ward of the court.

Good luck Marcy

It's true that each case is unique. However, unfortunately for most children, 80% of the time the mother is awarded sole physical custody, regardless of how great of a dad the father might be. Assuming your child's father is a decent guy, try to put your own feelings aside and consider the following facts. Do what is best for your child.

Children from fatherless homes account for: 63% of youth suicides, 71% of pregnant teenagers, 90% of all homeless and runaway children, 70% of juveniles in state operated institutions, 85% of all children that exhibit behavioral disorders, 80% of rapists motivated with displaced anger, 71% of all high school dropouts, 75% of all adolescent patients in chemical abuse centers, and 85% of all youths sitting in prisons (http://www.childrensjustice.org/stats.htm).

I am a single mom myself, Heather

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14y ago
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7y ago

Yes. In the US the law presumes that an unmarried mother retains sole custody to the child until a court rules otherwise. Child support and custodial issues are two entirely different matters. The granting of sole custody to one parent does not relieve the non custodial parent of their financial obligations even if the couple were/are not married.

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7y ago

Yes, but the circumstances would have to be extreme. Courts are very reluctant torevoke custody rights from a parent(s) unless there is substantial evidence that neglect or abuse has occurred. The main issue courts take into consideration when granting custody,(sole or joint), is the well-being of the child, not the wishes of the parent(s).

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12y ago

You already have sole custody until the father establishes his paternity in court and requests custody rights. Unmarried fathers have no automatic rights. They must establish their rights through a court action.

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 legally 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 and once established the father can request visitations, custody and set up a schedule of regular child support payments for the child.

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11y ago

A child can petition for child support only after the age of majority for the state of residence, and retroactive to the limit of state statutes.

The child's mother can and should file for child support as soon as the child is born. A father must support his children whether he is married to their mother or not.

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13y ago

It depends on the circumstances. If the father wants custody the court will consider his request once he has established his paternity. If he does not the court may approve permanent guardianship in the grandmother.

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12y ago

No. He needs to wait until the child is born. See related question.

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Q: Can an unmarried father have custody of an unborn child?
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If a unmarried father is in the military and the mother is living with her parents and she has no job what are the chances that the father will get full custody of his child?

15% to


What rights does a father have to an unborn child in Mississippi?

To an unborn child? None. The biological father has no say whatsoever in whether or not the mother gets an abortion or how the mother chooses to carry and deliver the baby.The moment the child is born, however, the married father has the same rights as the mother. He has the right to have his name added to the birth certificate, even if the mother doesn't want him to, and he can petition for partial custody of the child. He also has the right to voice his opinion about any early medical decisions that might have to be made, such as circumcision. An unmarried father must establish his paternity in court and then can petition for custody and visitations.


Is the child state property if the parents are not legally married?

No. A child is no one's property. An unmarried mother has sole custody until the father establishes his paternity in court. Once paternity is established the father can petition for custody and/or visitation and the court can prepare a child support order as necessary if the mother retains sole physical custody.No. A child is no one's property. An unmarried mother has sole custody until the father establishes his paternity in court. Once paternity is established the father can petition for custody and/or visitation and the court can prepare a child support order as necessary if the mother retains sole physical custody.No. A child is no one's property. An unmarried mother has sole custody until the father establishes his paternity in court. Once paternity is established the father can petition for custody and/or visitation and the court can prepare a child support order as necessary if the mother retains sole physical custody.No. A child is no one's property. An unmarried mother has sole custody until the father establishes his paternity in court. Once paternity is established the father can petition for custody and/or visitation and the court can prepare a child support order as necessary if the mother retains sole physical custody.


Who has better chance of child custody - mother or dad?

If this refers to the unborn child the laws of the state where the child is born would apply. Generally the unmarried mother regardless of her age has full automatic custody of the child except under extraordinary circumstances. If the mother is unmarried and the father wishes to share custody he must first establish paternity (usually through DNA testing), even though he claims to be the father.


Can the father of your child stop you from moving if there is no custody order in place?

no you have to stay with the parent that has custody

Related questions

Can a mother give the father custody of an unborn?

No, the child has to be born first.


Does the birth mother have to file for legal custody of her son in Virginia even if there is no legal father?

No. If the mother is unmarried then she has legal custody of her child automatically. If the father wants parental rights he must establish his paternity in court.No. If the mother is unmarried then she has legal custody of her child automatically. If the father wants parental rights he must establish his paternity in court.No. If the mother is unmarried then she has legal custody of her child automatically. If the father wants parental rights he must establish his paternity in court.No. If the mother is unmarried then she has legal custody of her child automatically. If the father wants parental rights he must establish his paternity in court.


Can a unmarried mother take her child out of the UK without the child father's permission?

yes if she has full custody


If no court order for custody has been granted and the parents are unmarried who has the custody of a child in Oklahoma?

When the issue pertains to unmarried couples the law presumes the mother to have full legal custody of the child(ren). The father must establish paternity before custody, child support or visitation rights can be addressed by the court.


If a unmarried father is in the military and the mother is living with her parents and she has no job what are the chances that the father will get full custody of his child?

15% to


Can the mother of an unmarried pregnant 17 year old in Colorado demand paternity test on unborn child?

No. As the grandparent you have no rights to the child. But since she is not married to the father he will have to prove paternity with a DNA test if he wants parental rights such as custody, visitation and pay child support.


Should you allow your son to visit his father in another state without custody papers in place?

The situation carries some risk depending on your relationship with the child's father and your marital status. An unmarried mother has legal custody of her child in most jurisdictions. An unmarried father must establish his paternity through court. The court in the jurisdiction where the child lives has jurisdiction over the child. You should consult with an attorney who specializes in custody issues if you have any doubts that your child will be returned at the agreed upon time.The situation carries some risk depending on your relationship with the child's father and your marital status. An unmarried mother has legal custody of her child in most jurisdictions. An unmarried father must establish his paternity through court. The court in the jurisdiction where the child lives has jurisdiction over the child. You should consult with an attorney who specializes in custody issues if you have any doubts that your child will be returned at the agreed upon time.The situation carries some risk depending on your relationship with the child's father and your marital status. An unmarried mother has legal custody of her child in most jurisdictions. An unmarried father must establish his paternity through court. The court in the jurisdiction where the child lives has jurisdiction over the child. You should consult with an attorney who specializes in custody issues if you have any doubts that your child will be returned at the agreed upon time.The situation carries some risk depending on your relationship with the child's father and your marital status. An unmarried mother has legal custody of her child in most jurisdictions. An unmarried father must establish his paternity through court. The court in the jurisdiction where the child lives has jurisdiction over the child. You should consult with an attorney who specializes in custody issues if you have any doubts that your child will be returned at the agreed upon time.


What rights does a father have to an unborn child in Mississippi?

To an unborn child? None. The biological father has no say whatsoever in whether or not the mother gets an abortion or how the mother chooses to carry and deliver the baby.The moment the child is born, however, the married father has the same rights as the mother. He has the right to have his name added to the birth certificate, even if the mother doesn't want him to, and he can petition for partial custody of the child. He also has the right to voice his opinion about any early medical decisions that might have to be made, such as circumcision. An unmarried father must establish his paternity in court and then can petition for custody and visitations.


Is the child state property if the parents are not legally married?

No. A child is no one's property. An unmarried mother has sole custody until the father establishes his paternity in court. Once paternity is established the father can petition for custody and/or visitation and the court can prepare a child support order as necessary if the mother retains sole physical custody.No. A child is no one's property. An unmarried mother has sole custody until the father establishes his paternity in court. Once paternity is established the father can petition for custody and/or visitation and the court can prepare a child support order as necessary if the mother retains sole physical custody.No. A child is no one's property. An unmarried mother has sole custody until the father establishes his paternity in court. Once paternity is established the father can petition for custody and/or visitation and the court can prepare a child support order as necessary if the mother retains sole physical custody.No. A child is no one's property. An unmarried mother has sole custody until the father establishes his paternity in court. Once paternity is established the father can petition for custody and/or visitation and the court can prepare a child support order as necessary if the mother retains sole physical custody.


If the mother and father are not married but the father's name is on the birth certificate can the father take off with the child?

Issues of child custody are not settled by names on birth certificates. Generally, the court will try to determine what is in the best interest of the child. Who is a better parent, the father or the mother? Who will take better care of the child? That is the issue.


If a man is founded as a child abuser and your child is the one he abused but is not the father of the abused child but is of your unborn child does he have rights to the unborn baby?

A court would never award custody or visitation rights to a convicted child abuser.


If there was never a custody hering who has custody of the child?

The law presumes that an unmarried woman has sole custody of a child born out of wedlock until/unless a court rules otherwise.