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If you file for it and the court feels it would be in the best interests of the child, yes. Immigration status usually has no bearing on such matters.

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Q: Can you get legal custody of your child if the mother is undocumented?
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If no father is listed who has legal custody of the child?

The mother. If she dies, her parents get custody.


Does a divorced father need mothers permission to take his child to the doctor?

It depends on who has legal custody.If he has sole legal custody he can make that decision alone. If he has joint legal custody he must include the child's mother in the decision. If the mother has legal custody then he does not have the right to make the decision have the child treated except in an emergency. If you have questions about your parental rights you should speak with an advocate at the court or a private attorney.It depends on who has legal custody.If he has sole legal custody he can make that decision alone. If he has joint legal custody he must include the child's mother in the decision. If the mother has legal custody then he does not have the right to make the decision have the child treated except in an emergency. If you have questions about your parental rights you should speak with an advocate at the court or a private attorney.It depends on who has legal custody.If he has sole legal custody he can make that decision alone. If he has joint legal custody he must include the child's mother in the decision. If the mother has legal custody then he does not have the right to make the decision have the child treated except in an emergency. If you have questions about your parental rights you should speak with an advocate at the court or a private attorney.It depends on who has legal custody.If he has sole legal custody he can make that decision alone. If he has joint legal custody he must include the child's mother in the decision. If the mother has legal custody then he does not have the right to make the decision have the child treated except in an emergency. If you have questions about your parental rights you should speak with an advocate at the court or a private attorney.


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.


Can you get custody of your child if the mother leaves state and never has him?

If the mother has legal custody but leaves the state and doesn't have physical custody of your child then that must mean the child is with someone who doesn't have custody. I assume you are not married. In that case, you must establish your paternity in court and request legal and physical custody. If the mother has left the state without taking her child with her the court will certainly want to know who the child is with and will certainly consider awarding legal custody to the other biological parent, you.Perhaps you can convince the mother to consent to your getting legal and physical custody. If not sole custody, then joint legal and physical custody.You should consult with an attorneywho specializes in custody issues. The attorney can review your situation and explain your rights and options.


Can a mother take a child out of the county?

If, and only if, she has legal MAIN custody of the child, then yes.


Will the mother get sole legal custody of the child if the parents were never married and he hasn't seen the child over 4 years?

She already has sole legal custody as an unmarried mother. He can petition for visitation and pay child support.


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.


What happens if a father will not surrender a child that's the mother has custody of?

If mom has legal custody, call the police.


How can you get custody of a child when the mother left the state they where living in with the child?

You have to get a lawyer and file for custody. There are some agencies that can provide free legal counsel, contact your local child protection service.


Can a mother get child support payments while she is in jail?

If she is in jail she can not have custody so no, she will not get money for a child she does not have custody of. That money goes to the child's legal guardian.


If a child lives with the grandparents can the mother come with pilice to take the child?

It depends on who has legal custody.


Can the police force grandparents of a child to give the child to the mother?

If the grandparents do not have legal permanent custody and the mother has proof she is the child's legal custodian, even if she has been absent in the child's life--yes, they can. If you believe the mother is unfit to care for the child or you have had physical custody for a long period of time with little or no contact from the mother, you can file an emergency appeal for custody with the courts. A temporary custody paper will not keep the child with you if she ever signed one as she can revoke it at anytime.