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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. 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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How does a man get full custody of children without marriage?
If you were not married when the child was born you have to prove paternity in court by a DNA test and if she refuses you can get a court ordered one. Then you can petition for custody, visitation and pay child support. Unless the mother is unfit they will not give you full custody though.
If my child father is deceased and I don't have full custody of our kids do I have to pay child support?
You may have to pay child support to the one who has custody of your children.
Who has legal custody of a minor child when parents have never married in MO?
If the parents are going to split up, one needs to file with the courts to define custody, child support, visitation, etc.
Who has legal custody of minor child in FL when parents never married but father signed birth certificate how does minor change his name when one parent contests it?
The mother has legal custody from birth if never married. The father have to go to court to get his parental rights and prove paternity so he can seek visitation, custody and pay child support. The mother is in this case the one who decides what name the child will have since she is the guardian.If the custody is not with father, then after getting the custody , they may change the name.
If you am not married to your child's father and the child spends almost all of his time with you does that mean you have sole physical custody?
If you were never married to the father of the child(Children) custody HAS NOT been established. You must go to court and have custody determined. My child lived with me for 5 Years. The father paid support to the state of Missouri Which I entern received, and he visited on occasion. One weekend he picked her up for a visit and disappeared. No one would help because custody was never established. He had just as much right as I.
If one parent has full custody of a child and that parent dies will the living parent get the child?
Yes, unless the living parent has a court order not allowing them to be with the child in that case the child would go to the next relative that is willing to take the child. The surviving parent will still have to go to court to have the custody awarded to him/her. After all, the court felt there was a good reason that the full custody award was rendered in the first place.
If a guardian won't sign for one person to get married can a biological father sign for an underage child to get married?
If the biological father does not have have legal custody, then, no, he can't.
What is the difference between having full cusody and having primary custody?
Full custody is defined as one parent of a child having sole control over a minor child with the other having no custodial rights. Primary custody means that both parents share custody (also known as joint custody) but the primary custodian is the parent that the child spends most fo their time with/lives with on a regular basis. In other words, the parent that is not the primary custodian is the one that has the visitation rights.
If One parent has full custody but child wants to live with noncustodial parent?
They recently changed the laws of custody, No one parent has full custody UNLESS they see the other parent as unstable and unfit. If the parent you want to live with has been deemed unfit as a parent then it will have to be taken to court or you can contact certain child organizations to give you more details about how to leave your current home and return to the home of an "unfit parent" However if one parent obtained full custody of the child and the other parent was not deemed unfit as a parent, you may still live with them because of the recent change in custody laws, stating no one parent can have full or primary custody. (in other words, if your mom has full custody and your dad has none ((Also assuming the father hasn't been charged with being a drug addict, alcoholic, or financially unstable etc.)) you may live with the father)
Who has legal custody of a minor child when parents have never married in mass and can one leave the state without the others permission or will it be kidnapping.?
The mother have custody. The father have to prove paternity by providing a DNA test and he can then get his parental rights and petition for custody, visitation and pay child support.
What is child support?
Child support is court-ordered financial support paid by one parent to the other who has custody of the children, after the parties are separated or divorced, or when the parties were not married.
Can a mother take her child from its father and keep it with her at her house if there is no residency order in place?
If the parents are married they both have equal right to the child unless one party gets temporary custody pending a divorce. If they are unmarried and have never been married the mother automatically has custody. The father would have to go to court to establish his paternity and petition for joint custody and visitations.
