It's all up to the courts to decide. A mother can request full sole legal custody of the child even if the father has visitation rights and pays child support. The mother does need to prove to the courts why full sole legal custody is in the child's best interest.
The mother. The father have to petition the court for custody or visitation right.
If the parents are going to split up, one needs to file with the courts to define custody, child support, visitation, etc.
If married both do. If not married the mother has it until the father has been to court to establish paternity and filed for visitation or custody. If it's not the parents because the court have found them unfit, it can be a relative or someone else.
If the parents are married and living together they have equal parental rights. If you are married and living apart you should consult with an attorney to see if a legal separation is available in your state. If so the court would address custody, support and visitation issues.If the parents are married and living together they have equal parental rights. If you are married and living apart you should consult with an attorney to see if a legal separation is available in your state. If so the court would address custody, support and visitation issues.If the parents are married and living together they have equal parental rights. If you are married and living apart you should consult with an attorney to see if a legal separation is available in your state. If so the court would address custody, support and visitation issues.If the parents are married and living together they have equal parental rights. If you are married and living apart you should consult with an attorney to see if a legal separation is available in your state. If so the court would address custody, support and visitation issues.
Mom. Dad must establish his paternity legally through a DNA test. Once established he can request visitation and custody rights and pay child support if the mother will retain physical custody.
The mother. The father have to go to court to get his parental rights by providing a DNA test. he can then petition for custody, visitation and pay child support.
The mother. The father have to petition the court for visitation and custody after paternity has been established with a DNA test. Then he can also pay child support.
When the parents aren't married the mother has sole custody of her child. Once paternity has been established the father can petition for joint custody or visitation rights. A child support order will also be issued at that time. See the link provided below for a sample booklet on never married parents questions and rights in Massachusetts and a link for child custody laws in the US.
She already has sole legal custody as an unmarried mother. He can petition for visitation and pay child support.
Yes. However, if the visitation is no longer practical, one of the parents may need to file for a modification of custody or visitation.
Neither parent should keep a child away from the other parent if there is no good reason. A good reason would be abuse, neglect, drug abuse, etc... If there are problems with custody and there are not court custody papers, there needs to be. Go to the court house and have the process started. Without these papers, either parent could keep the child (as long as the father is proven to be the father or his name is on the birth certificate) and it is not kidnapping. There is not court order preventing it. Also remember that the mother does not always automatically get full physical custody. The court looks at what is best for the child, not the parents.
Yes. If you are legally separated then you are still married and both parents have equal rights and obligations to the child. The court can issue a support order, custody order and visitation order if necessary. You should consult with an attorney to determine your options under your state laws.Yes. If you are legally separated then you are still married and both parents have equal rights and obligations to the child. The court can issue a support order, custody order and visitation order if necessary. You should consult with an attorney to determine your options under your state laws.Yes. If you are legally separated then you are still married and both parents have equal rights and obligations to the child. The court can issue a support order, custody order and visitation order if necessary. You should consult with an attorney to determine your options under your state laws.Yes. If you are legally separated then you are still married and both parents have equal rights and obligations to the child. The court can issue a support order, custody order and visitation order if necessary. You should consult with an attorney to determine your options under your state laws.