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If he wants his parental rights he must establish his paternity legally by a DNA test. He can then petition the court for shared custody, visitation and pay child support. The mother has sole legal custody of her child until then.

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Q: What is the position of a father and his extra marital child with reference to custody?
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Who is likely to get custody of children their remarried father of unwed mother?

The mother, unless proven to be unfit or incpable of caring for the children, and regardless of her marital status, invariably gets custody after a divorce.


My son's father will not let me have my son. What can I do?

If the father has full custody, you can't do anything. If you have a custody agreement set up, that includes you having visitation -- take the father to court. If there is no agreement, take him to court, and get it settled. You failed to mention the jurisdiction where you live, marital status, whether there are any existing court orders, whether the father has legal custody and where the father got the authority to prevent you from seeing your child. You need to add details. See related question links.


How do you get legal full custody of your children while their father is in prison they are living with me not but I want something in writing before their father is released?

You haven't included important details such as your marital status and whether there is an existing custody order.If you are divorced, or never married and there is a custody order, you need to return to court and request sole custody. If you are married then you need to consult with an attorney or a legal advocate at the court.You haven't included important details such as your marital status and whether there is an existing custody order.If you are divorced, or never married and there is a custody order, you need to return to court and request sole custody. If you are married then you need to consult with an attorney or a legal advocate at the court.You haven't included important details such as your marital status and whether there is an existing custody order.If you are divorced, or never married and there is a custody order, you need to return to court and request sole custody. If you are married then you need to consult with an attorney or a legal advocate at the court.You haven't included important details such as your marital status and whether there is an existing custody order.If you are divorced, or never married and there is a custody order, you need to return to court and request sole custody. If you are married then you need to consult with an attorney or a legal advocate at the court.


Can a mother take her children from a father and keep them at her parents house?

You didn't provide enough detail. The answer depends on the marital status, whether paternity has been established if the parties were not married and whether the father has custody rights. If he has custody rights she is not allowed to just take them. If they are married they have equal rights to the children.


What rights does a non custodial parent have if there is no court order?

It depends on marital status. If married, parents have equal parental rights. If unmarried, the mother has custody and the father must establish his paternity legally. Once established he can request joint custody and visitations.


Should you allow your son to visit his father in another state without custody papers in place?

The situation carries some risk depending on your relationship with the child's father and your marital status. An unmarried mother has legal custody of her child in most jurisdictions. An unmarried father must establish his paternity through court. The court in the jurisdiction where the child lives has jurisdiction over the child. You should consult with an attorney who specializes in custody issues if you have any doubts that your child will be returned at the agreed upon time.The situation carries some risk depending on your relationship with the child's father and your marital status. An unmarried mother has legal custody of her child in most jurisdictions. An unmarried father must establish his paternity through court. The court in the jurisdiction where the child lives has jurisdiction over the child. You should consult with an attorney who specializes in custody issues if you have any doubts that your child will be returned at the agreed upon time.The situation carries some risk depending on your relationship with the child's father and your marital status. An unmarried mother has legal custody of her child in most jurisdictions. An unmarried father must establish his paternity through court. The court in the jurisdiction where the child lives has jurisdiction over the child. You should consult with an attorney who specializes in custody issues if you have any doubts that your child will be returned at the agreed upon time.The situation carries some risk depending on your relationship with the child's father and your marital status. An unmarried mother has legal custody of her child in most jurisdictions. An unmarried father must establish his paternity through court. The court in the jurisdiction where the child lives has jurisdiction over the child. You should consult with an attorney who specializes in custody issues if you have any doubts that your child will be returned at the agreed upon time.


Would the father of the child be able to go to South Carolina and sign out his daughter from school and take her to Georgia and get temporary custody?

You haven't provided any details about marital status and existing parental rights.If he doesn't presently have parental rights and custody- the answer is no. If the parents are unmarried the mother has sole custody until the father has established his paternity legally and petitioned the court for custody and won. The school should not allow the father to take the child. The principal should call the mother to notify her of the situation. The state where the child lives has jurisdiction over that child.If the father had no parental rights the mother should contact the police immediately.You haven't provided any details about marital status and existing parental rights.If he doesn't presently have parental rights and custody- the answer is no. If the parents are unmarried the mother has sole custody until the father has established his paternity legally and petitioned the court for custody and won. The school should not allow the father to take the child. The principal should call the mother to notify her of the situation. The state where the child lives has jurisdiction over that child.If the father had no parental rights the mother should contact the police immediately.You haven't provided any details about marital status and existing parental rights.If he doesn't presently have parental rights and custody- the answer is no. If the parents are unmarried the mother has sole custody until the father has established his paternity legally and petitioned the court for custody and won. The school should not allow the father to take the child. The principal should call the mother to notify her of the situation. The state where the child lives has jurisdiction over that child.If the father had no parental rights the mother should contact the police immediately.You haven't provided any details about marital status and existing parental rights.If he doesn't presently have parental rights and custody- the answer is no. If the parents are unmarried the mother has sole custody until the father has established his paternity legally and petitioned the court for custody and won. The school should not allow the father to take the child. The principal should call the mother to notify her of the situation. The state where the child lives has jurisdiction over that child.If the father had no parental rights the mother should contact the police immediately.


Can you choose at 13 to move back with your mom?

No. If your father has custody you cannot make that decision until you reach eighteen unless your father consents to a change in the custody order.No. If your father has custody you cannot make that decision until you reach eighteen unless your father consents to a change in the custody order.No. If your father has custody you cannot make that decision until you reach eighteen unless your father consents to a change in the custody order.No. If your father has custody you cannot make that decision until you reach eighteen unless your father consents to a change in the custody order.


Neither parent has custody and the mother lives with the grandparents. Can a father give up rights to a child if the mother doesn't?

Generally:First, custody depends on the parents' marital status. When two people have a child it is rare that neither parent has custody unless there is a court order to that effect. If the parents were never married the mother has custody in every state in the US. If the unmarried father of a child wants custody or visitation he must establish his paternity through DNA testing. If the parents are married then both have equal parental rights. If they are divorced there should be a custody order in place.In either case you need to consult with an attorney or a legal advocate at the court to determine if the father can give up his parental rights and obligations under your state laws.Generally:First, custody depends on the parents' marital status. When two people have a child it is rare that neither parent has custody unless there is a court order to that effect. If the parents were never married the mother has custody in every state in the US. If the unmarried father of a child wants custody or visitation he must establish his paternity through DNA testing. If the parents are married then both have equal parental rights. If they are divorced there should be a custody order in place.In either case you need to consult with an attorney or a legal advocate at the court to determine if the father can give up his parental rights and obligations under your state laws.Generally:First, custody depends on the parents' marital status. When two people have a child it is rare that neither parent has custody unless there is a court order to that effect. If the parents were never married the mother has custody in every state in the US. If the unmarried father of a child wants custody or visitation he must establish his paternity through DNA testing. If the parents are married then both have equal parental rights. If they are divorced there should be a custody order in place.In either case you need to consult with an attorney or a legal advocate at the court to determine if the father can give up his parental rights and obligations under your state laws.Generally:First, custody depends on the parents' marital status. When two people have a child it is rare that neither parent has custody unless there is a court order to that effect. If the parents were never married the mother has custody in every state in the US. If the unmarried father of a child wants custody or visitation he must establish his paternity through DNA testing. If the parents are married then both have equal parental rights. If they are divorced there should be a custody order in place.In either case you need to consult with an attorney or a legal advocate at the court to determine if the father can give up his parental rights and obligations under your state laws.


Who has legal right over the child the mother or father?

The answer depends on many factors including the laws in your jurisdiction and marital status. Generally:If married both parents have equal parental rights over the child.In the case of a divorce, if the parents cannot agree on a custody arrangement the court will issue a custody order based on physical and legal custody and visitation orders.If the parents are unmarried the mother has sole custody until the father can establish his paternity legally. Once he has established his paternity he can petition for custody and visitations.


Can a mother who has joint physical custody of her son pierce his ears without the consent of the father?

If the father has legal custody, no. Not without his consent. If she has joint legal custody, no. Not without his consent. If she has sole legal custody, yes.If the father has legal custody, no. Not without his consent. If she has joint legal custody, no. Not without his consent. If she has sole legal custody, yes.If the father has legal custody, no. Not without his consent. If she has joint legal custody, no. Not without his consent. If she has sole legal custody, yes.If the father has legal custody, no. Not without his consent. If she has joint legal custody, no. Not without his consent. If she has sole legal custody, yes.


The agreement between 2 parents is custody to mother but weekends for father if the mother dies who would get custody?

the father gets the custody of the child if the mother dies