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A step-parent has no legal rights regarding your child. The biological mother has visitation rights and other rights when the child is in her custody.

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Q: If you have full custody of your 3-year-old son what rights does his mother have and what rights does your new wife have?
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If your husband dies will his young child who he has full custody of be sent back to his mother or be allowed to stay with you the stepmother?

Having full legal or physical custody. If it is full legal custody the mother has given up any legal claim to the child. If it is full physical custody with joint legal custody the child will be in the legal custody parents home. She may elect to give the child up to be adopted by the stepmother. In many states (and maybe in all states) if the custodial parent dies, then the non-custodial parent gains custody, provided that that his/her parental rights have not been terminated (and just because he/she did not have legal custody does not mean that his/her parental rights were terminated). Of course, in that event the stepparent can still petition the court for custody. Check with a local attorney.


Father and Mother are not married when Mother decides she does not want to be a Mom then abandons the Father and Child. Does the Father have legal rights for full custody?

The father must establish his paternity through the courts since he and the mother were not married. He can petition for full custody. He should consult with an attorney who specializes in custody issues. The mother's abandonment can certainly be used as evidence that the father should receive legal custody. He is providing the day to day care of the child.The father must establish his paternity through the courts since he and the mother were not married. He can petition for full custody. He should consult with an attorney who specializes in custody issues. The mother's abandonment can certainly be used as evidence that the father should receive legal custody. He is providing the day to day care of the child.The father must establish his paternity through the courts since he and the mother were not married. He can petition for full custody. He should consult with an attorney who specializes in custody issues. The mother's abandonment can certainly be used as evidence that the father should receive legal custody. He is providing the day to day care of the child.The father must establish his paternity through the courts since he and the mother were not married. He can petition for full custody. He should consult with an attorney who specializes in custody issues. The mother's abandonment can certainly be used as evidence that the father should receive legal custody. He is providing the day to day care of the child.


If a mother with a child enters rehab to fix her problems can the father get full custody where they already have joint custody?

It really depends. I think that the mother and father should have full custody. I say this because the mother is doing this to get better, for the benefit of her kids. Some might argue that she should not have custody because why would she had to go to rehab in the first place. It really depends. I think that the mother and father should have full custody. I say this because the mother is doing this to get better, for the benefit of her kids. Some might argue that she should not have custody because why would she had to go to rehab in the first place.


Can a mother and her boyfriend or husband file for full custody of the mothers children together that you share joint custody with your exhusband who is the childrens father?

Boyfriend or husband (unless he is the biological father) has no legal right to the child at all. The mother can try to go for full custody though.


If you were never married to your baby's father do you have the legal right to move to another state without his permission or do you need to get permission from the courts first?

A mother has sole rights to her children unless/until a court order is issued giving the father custodial rights. If there is not a custody order from the court the unmarried mother may take the child/children and move whenever, wherever she wants.

Related questions

What are the rights of mother to an underage son?

United StatesA mother has full parental rights regarding her children unless her rights have been terminated by a court order. An unmarried mother has sole custody until the father's paternity is established in court and the court has issued a custody and visitation order.United StatesA mother has full parental rights regarding her children unless her rights have been terminated by a court order. An unmarried mother has sole custody until the father's paternity is established in court and the court has issued a custody and visitation order.United StatesA mother has full parental rights regarding her children unless her rights have been terminated by a court order. An unmarried mother has sole custody until the father's paternity is established in court and the court has issued a custody and visitation order.United StatesA mother has full parental rights regarding her children unless her rights have been terminated by a court order. An unmarried mother has sole custody until the father's paternity is established in court and the court has issued a custody and visitation order.


If a father gave full custody of the children to the mother on their divorce papers what right does the father still have to see his children or share custody?

You have the visitation rights that were established in the divorce, and you have no custody rights.


What are an unwed mother's rights in Colorado?

You have full custody and legal guardianship. The father have to go to court to get his parental rights and petition for custody, visitation and pay child support.


If mother wants to give full custody of the child to the father what does she have to do?

It is very rare that a Mother wants to give full custody of a child to the Father. To this all a Mother would have to do is choose to sign and give up her rights to the child in court.


How do you know if you have full custody?

An unmarried mother has full custody of her child unlessthe father has established his paternity through the court. He can then request custody and visitation rights. A divorced mother must review her divorce decree and all related court orders if she is unsure about the status of the custody of her child.


Can a father sue for full custody of his child if the mother is an illegal imiagrant?

He can but I doubt he will get it since immigration status has no bearing on custody and parental rights..


Do you have to have full legal custody to sign over rights?

yes you do have to have full legal rights to sign over custody.


Does the surrogacy mother have a chance at custody of the child?

As long as the Intended parents have a legal contract with the surrogate that states that they will assume full custody, the surrogate has NO rights to the child and no chance of gaining custody.


If legal and physical custody was granted to the mother is that the same as full physical and full legal custody?

Yes. Legal and physical custody granted to the mother means full, sole legal and physical custody.


Can a father in wi. get temporary full custody if mother is homeless?

Can a father in wi. get temporary full custody if mother is homeless?


Can the mother go to the father house and get her child if there isn't a court order saying that the dad has full custody?

No, the mother is no more entitled to custody than the father. If the father currently has temporary or implied custody, then a custody order must first be established before you can get partial custody or visitation rights. For example, if you moved out and left the child in the care of the father, you forfeited your custody rights until an official custody order has been established.


Who has custody of children when a couple is unmarried in the state of Florida?

Technically the mother has the first rights, but there isn't really custody until it is taken to court. To aviod any future misunderstandings I would file full custody of the child.