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In California does a biological father have to file for custody or is it automatic?
Wiki User
∙ 13y ago
Single fathers have no assumed rights in any state 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 seek other means of establishing his paternity and that is done through paternity test. A paternity test can be arranged through the court and once established the father can request visitations, custody and set up child support for the child.
Wiki User
∙ 13y ago
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If you died would your son be taken away from his step father and step brother and returned to his biological father seeing as legally he is not my husband's baby or does marriage bring rights?
Marriage by itself does not bring custody rights to non-biological children. Where the children go when the biological mother dies depends on who has custody, whether the non-biological father has adopted the child, whether the biological father wants the child, and on the laws of the state where all of this is happening.
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.
When a mother dies and the biological father is unknown does the stepfather get custody over the child's sister?
Without a Will, he has no clearly defined custodial rights to a stepchild, but unless addressed in a custody decree, neither does the father. Guardianship reverts to the maternal grandparents.
Does a stepfather have a legal right to maintain guardianship of a stepchild if the biological parent with custody is incarcerated and the biological father wants the child back?
The stepfather would have standing to intervene into the custody case and attempt to be the primary custodian. Ultimately, the court will look at what is in the best interest of the child.
In Texas would a step-dad get custody of a minor child if the mom died and the biological father has never been a part of the child's life?
The step father would have to adopt the child. For this to happen, the biological father would have to relinquish all rights through the court system.
What happens if there is a legal and a biological father?
He fights for custody.
Can a step father maintain custody of a child if the biological father emerges after two years?
only if mum has custody
If the aunt has custody how could the father go about getting custody?
the biological father is next of kin
If the mother has sole physical custody and shares joint legal custody with the father the two never married if the mother dies can her husband who is not the baby's biological father assume custody?
No, unless the baby's biological father relenquishes his parental rights, he would get custody of the child if the mother dies, not her husband. The biological father must sign his rights away to the mother's husband.
If a biological father has had no contact with his child then can he get custody of him if something happens to the mother?
Unless the biological father has relinquished custody, he can ask the court to grabt custody in case the mother dies or cannot take care of herself.
Does a step father with power of attorney hve custody rights over the biological father?
No he does not.
Can a biological father in California who has a criminal background be granted custody to the child?
Yes, provided they have learned their lesson. Unfortunately, the same is not applied to mothers with criminal backgrounds.
Does the birth mother have automatic custody if she and father are married?
No, although most courts favor custody to the mother.
Can the biological mother get custody of son that lives with the adopted father?
Yes, she can. All she has to do is press suit to have custody awarded, or convince him to give her custody.
Can a handicapped mother sign custody over to a live in boyfriend when the father of the child wants custody?
No. The biological father have rights. Unless the court find him unfit to have custody then there might be a chance.
If a guardian won't sign for one person to get married can a biological father sign for an underage child to get married?
If the biological father does not have have legal custody, then, no, he can't.
Is it automatic that a father gets custody of the child if child was taken away from childrens aid?
Nothing is ever automatic. The child is placed in the care of who, in the opinion of the court, would act in that child's best interests. That may or may not be a biological parent.
