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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.

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18y ago
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9y ago

An unmarried mother has custody of her child until the father has established his paternity in court and requested joint custody.

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16y ago

In Alabama, the mother would have custody of the child until the father proved that he was in fact the child's father. This would be done by petitioning the court for a paternity test.

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14y ago

The mother has sole custody until established otherwise by a court. see related link.

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

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

Mother has sole custody in every state except Arizona. see link below


Can your fiance get temporary custody of your children with a power of attorney form?

No. Custody must be granted by a court order unless the parents are married. If you are unmarried and want to give temporary custody of your children to your "fiance" it must be done through the court. You haven't mentioned whether the "fiance" is the father of the children.


What does custody rights mean?

Custody rights are granted by a probate or family court order that grants the care, control, and maintenance of a child, to one or both parents following a following a divorce or separation proceeding or in the case of unmarried parents, when the father has established his paternity in court. An unmarried mother has custody of her child until the father has established his paternity in order to acquire parental rights. In another sense, a non-parent is sometimes granted a guardianship over a child and that person is said to have legal custody of the child. However, they are more accurately called the legal guardian. See related link.


Can one parent keep another parent from picking minor children up from daycare?

Yes, if that parent has sole legal custody of the child.Yes, if the parents are unmarried and the other parent (father) hasn't established his paternity legally.Yes, if that parent has sole legal custody of the child.Yes, if the parents are unmarried and the other parent (father) hasn't established his paternity legally.Yes, if that parent has sole legal custody of the child.Yes, if the parents are unmarried and the other parent (father) hasn't established his paternity legally.Yes, if that parent has sole legal custody of the child.Yes, if the parents are unmarried and the other parent (father) hasn't established his paternity legally.


If your parents were granted sole legal custody of your son do they still have custody now that he is 19-years-old?

As he's 19, they do not.


What is the difference between permanent guardianship and full custody?

Parents have custody and custodial matters are addressed in family court. Non-parents are granted guardianship by a court and they are generally addressed in probate court.Parents have custody and custodial matters are addressed in family court. Non-parents are granted guardianship by a court and they are generally addressed in probate court.Parents have custody and custodial matters are addressed in family court. Non-parents are granted guardianship by a court and they are generally addressed in probate court.Parents have custody and custodial matters are addressed in family court. Non-parents are granted guardianship by a court and they are generally addressed in probate court.


If unmarried parents never established custody can the mother relocate with children?

Yes, however the father can file an injunction.


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


Do you still have custody of your niece if you never signed back to her parents?

That depends on where you live and your custody order. Were you granted temporary custody with parental rights intact? Were the parents divested of their parental rights and you were granted sole legal and physical custody? There are all different kinds of custody agreements and they can be modified. Refer to your documents or seek the advice of an attorney for an informed opinion.


What rights do a custody granted child have after parents have been deceased?

Rights pertaining to what?


Do grandparents have rights in a custody battle?

That depends on why the mother lost custody in the first place. The court must have granted the grandparents custody for some reason. If they have custody now you have to apply in court for the custody to be moved.


Who receives custody of the child when parents are unmarried and in rehabilitation for addiction?

Often, a family member assumes custody of the child, either on their own (in which case they need to get legal custody ASAP) or through the State's child protection/child welfare agency.