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The mother can legally retain sole custody of the child until the father establishes paternity and files for custodial rights. This is an issue that is covered by "common law" and would apply regardless of the resident status of the mother. If the father chooses to petition for custody, the issue would be decided by the court based upon what would be best for the child.

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Q: If you are unmarried can you get full child custody if you are a US resident and the father is a US citizen?
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Can a father just take a baby from the mother if they were never married without establishing custody first in Missouri?

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

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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?

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

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In California does an unmarried mother with no custody agreement allowed to live in another town After 1 year can the father force her to move back?

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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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Does the mother have sole custody in Wyoming?

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