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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 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.

If you are married then each parent has equal rights to the child and one parent cannot separate the child from the other parent.

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Q: Can you take your child if neither parent has custody?
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Related questions

Can you take my child without custody?

Not unless you are a unfit parent.


Who will take the custody of the child below 5 years?

The parent that is in the child's best interest.


If neither parent has custody can the father take their child to live with him and it not be a crime so long as he files a parenting plan and one lives in Maine state?

It is assumed that the parents are unmarried and it is doubtful that neither parent has custody. In most jurisdictions in the United States an unmarried mother has legal custody of her child. Generally, the father must establish his paternity in family court and once established he can request custody and a visitation schedule. The court will also issue a child support order. The court will not terminate the mother's custody unless it deems her to be an unfit parent. Once paternity has been established neither parent can remove the child from the state without the consent of the other parent and the court. You should consult with an attorney who specializes in custody issues in your area who can review your situation and explain your rights and options under the law.


Will a judge take custody away from the custodial parent if they can not financially support their child?

No, that alone is not a reason to terminate custody. The non-custodial parent should be paying child support.


Neither parent of a child have custody of the minor child. Does either parent have the right to take the child out of the county without permission of the other?

If the parents are married, than no, but if the are not married, the mother has sole and exclusive custody, than yes. In that case, the father will need to file for his rights, and an emergency injunction, if there's a concern the child is being relocated.see related link


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.


Can a step parent take custody of a step child if the spouse dies and the real parent whereabouts are unknown?

yes, if the step parent name is assigned to the child.


If neither parent has custody can the father take their child to live with him and it not be a crime so long as he files a parenting plan and they both live in Colorado State?

Yes. see link


Can you get custody of child if mother moves out of the country and doesnt take the child?

I'm assuming you are the father and a fit parent and then yes, you would probably get custody.


How can you take custody of your brother from your mother in United States?

In general, the child's parent(s) are assumed to be the best placement for the child. Therefore, anyone else desiring custody of the child will first have to obtain consent of the parent(s), or show that the parent(s) is unfit.


what steps do i need to take to get custody of my son even though i am not the biological parent. what will i have to prove will i have to take a drug test do i have to have a job what rights do i have ?

If you are not the child's parent, you do not have priority in a custody dispute with a biological parent. If the custodial parent is unfit and this is proven by CPS, the child can be awarded to another family member. But since you are not related to the child and are not his parent, you don't have any rights.


If child is residing with one parent and the other parent comes to an appointment and attempts to take the child what should you do?

This depends if any custody orders exist.