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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 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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13y ago
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12y ago

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 can establish his paternity through a DNA test. A paternity test can be arranged through the court. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.

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 can establish his paternity through a DNA test. A paternity test can be arranged through the court. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.

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 can establish his paternity through a DNA test. A paternity test can be arranged through the court. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.

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 can establish his paternity through a DNA test. A paternity test can be arranged through the court. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.

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11y ago

The law may vary from state to state and country to country. Generally, in the United States, both parents, if another parent is listed on the birth certificate or otherwise legally indicated as the father, are endowed with joint rights and custody until an agreement is hammered out in court. If no father is indicated, again, that depends on state law. Some states, like Oklahoma and Massachusetts, it is presumed that the mother has sole custody in cases where the parents were unmarried at the time of the child's birth and no father is on the birth certificate.

However, in other states, like Michigan, it is presumed that an unwed mother only has initial custody, as opposed to sole custody, even when the father is not on the birth certificate and has never signed a formal acknowledgment of parentage.

And other states no presumption of custody is made at all and it is up to the courts to determine it.

Since you didn't provide your location, an accurate answer cannot be given.

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12y ago

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 can establish his paternity through a DNA test. A paternity test can be arranged through the court. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.

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14y ago

Sole custody and control. Father has nothing except a child support obligation.

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13y ago

No, Arizona is the only state in America where single fathers have a presumption of joint custody and can even take the child home from the hospital if they have signed the birth certificate.

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13y ago

biological mother has sole automatic custody of baby

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Q: IN the state of Missouri does an unwed mother automatically have legal custody of the child?
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Will the mother or biological fathers stepsister be more likely to get custody of the 7 month old baby of a married woman?

The father's step sister has no legal rights in this case. A mother automatically has custody of her child.The father's step sister has no legal rights in this case. A mother automatically has custody of her child.The father's step sister has no legal rights in this case. A mother automatically has custody of her child.The father's step sister has no legal rights in this case. A mother automatically has custody of her child.


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.


Does the mother automatically get sole custody of child until court agreement?

If she is unwed, yes.


Who has custody in Missouri if never been married?

Mother has sole custody. I'm in KCMO. see link


If a mother with phsical custody is incarcerated will the father with joint legal custody be automatically awarded custody of the child?

I think it depends on how long the mother will be incarcerated for. There might be a hearing giving the father temporary custody. But if the father ever tries to get full physical custody of the child in the future, it might not be good for the mother. However, she can never be refused visitation.


Can a father get custody after not seeing his child after a year in the state of Missouri?

Not if the mother still have custody. He better have a good explanation to tell the judge why he has not seen his child for a year. If he has a good reason they would probably start with visitation. Full custody he can not get unless the mother is unfit.


How do you get you child out of dys custody in Missouri What degree do the workers at dys have?

Why is the child in state custody?


In Missouri does the birth mother have presumed custody of the child if the fathers name is not on the birthcertificate and the child lives with the mother?

In 49 states, she has sole custody until designated otherwise by a court under ALL POSSIBLE circumstances. see link


Does a father have to return tha child to mother if there is no court order in California?

Unless they are married or he has custody he has to return the child or it will be kidnapping. If you are not married and you have not established paternity yet or have not petitioned for visitation or custody she does not have to let you see the child. When not married she automatically get custody since there is proof she is the parent.


Who pays child support when no legal custody has been established?

Determining child support has only one goal which is to determine medical, financial and daycare support. Custody is NOT determined when child support is established. To establish child support you have to go to court. Otherwise if the mother was unwed and paternity/custody is not established she automatically has sole custody which entitles you to pay her child support but you are not entitled to visitation, school/dr records etc unless she gives them to you... If custody is not established then the mother has custody


How do you file for custody if there has been no court order and the mother did not bring the child back after visitation in the State of Texas?

If you are not married and there is no custody or visitation order, she has custody automatically. The father have to prove paternity in court by a DNA test and then petition for custody or visitation. He can then also pay child support.


Do you have the right to get the child from the custody of her mother?

You have the right to file for a change of custody with the court. You will have to present convincing evidence that the child's mother is unfit to retain custody of the child. Frankly: It is a stiff burden of proof to overcome to convince the court to remove a child from its mother's custody.