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Who gets custody of an unborn child?

Updated: 8/19/2023
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Tigerstarulz

Lvl 1
12y ago

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The child's parents, if they are legally married.

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. 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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Wiki User

10y ago
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Wiki User

12y ago

No one apart from the mother can obtain "custody" of a fetus. Custody battles must wait until the child has been born.

The biological mother always retains custodial rights to a child when the couple are unmarried, until paternity is established and the biological father petitions the court for custodial or visitation rights.

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12y ago

If the parents are married they share equal parental rights regarding the child.

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. Once paternity has been established the father can request visitations, joint custody, full custody or the court will set up a schedule of regular child support payments for the child if she is to remain in the custody of her mother. The court will schedule a hearing and issue an order that is in the best interest of the child.

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What can you do to get 50 percent custody of your unborn child?

The only one with custody of the unborn child is the pregnant mother. After the baby is born, the parent wishing custody or visitation can file for the same in the appropriate court of jurisdiction (where the child legally resides after its birth).


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A custody agreement will need to be done through an attorney for an unborn child. This will be presented to the judge who will decide what happens.


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Can a mother give the father custody of an unborn?

No, the child has to be born first.


How can you get custody for your unborn child if you know that its yours?

No one apart from the mother can obtain "custody" of a fetus. Custody battles must wait until the child has been born. You can file for paternity testing, although it would probably be best to wait until the child is born before doing that. If the tests prove the child is yours, you can then file for custody. Due to physical restrictions, I would assume that a father can't get custody of an unborn child.


Is it possible to get custody of an unborn child if your wife is both verbally and emotionally abusive as well as emotionally unstable?

Custody cannot be established until a child is born.


If a man is founded as a child abuser and your child is the one he abused but is not the father of the abused child but is of your unborn child does he have rights to the unborn baby?

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Who gets custody of a baby when the father is 19 and the mother is 17 and living at home?

The courts will determine who gets custody of the child. The courts will consider what is in the best interest of the child.


Can the mother of your unborn child move from Texas to Mississippi without the consent of the father?

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Is it possible to get full custody of YOUR unborn child?

No. The courts are not yet taking physical control over the bodies of women.


Can a mother who does not want her unborn child give custody to a friend to raise as her own?

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How can you get full custody of your unborn child My baby's dad is an illegal immigrant on probation who keeps violationg it if that matters?

Go to Court.