If the mother and father were not married when they had a child does the mother get full custody of the child?

Answer 1

In all 50 US states the law presumes that an unmarried birth mother retains sole custodial rights to a child until the court rules otherwise. This applies to minors as well as to adults.

Generally, if the parents are unmarried the mother has sole custody and control 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 can establish his paternity 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.

Answer 2

In Georgia if the parents are not married at the time of the childs birth the fathers name may be put on the birth certificate but this alone will not be legal in custody matters. The father must legitimize the child as his own by taking a DNA test and having the necessary legitimization paperwork done, (usually by an attorney) and taking it in front of a judge to have the legitimization granted before any distributed custody can be determined.

Generally, in the United States, 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.

Answer 3

In most states, yes. However, that does not prevent the father from re-entering the picture at any time and exercising his parental rights for custody and/or visitation in the court of jurisdiction.

Answer 4

An unmarried mother has sole custody in most jurisdictions until the father's paternity is legally established. It is assumed the father's paternity was established in your case if he is paying child support. You need to check all the documents associated with your particular court case to determine if a custody order was issued at that same time.

Child support and visitation rights are two separate issues and they are addressed separately. The father's paternity must be legally established in court if the parents are unmarried and the mother seeks child support. Once paternity has been established, the court will issue a child support order based on state child support guidelines. In addition, once paternity has been established the father has the right to petition for custody and a visitation schedule.

If the father fails to pay his child support he is still entitled to visitations. In that case, the mother would need to pursue the child support arrears by filing a motion for contempt of the child support order.

Answer 5

In the United States an unmarried mother has legal custody of her child unless and until the father establishes his paternity in court and requests custody and/or visitations.