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An unmarried father must establish his paternity and arrange for a custody hearing if he wants custody.

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.

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12y ago
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13y ago

The mother has sole custody and control in 49 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 seek other means of establishing his paternity and that is done through paternity test. A paternity test can be arranged through the court and once established the father can request visitations, custody and set up child support for the child.

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12y ago

The mother does since the birth of the child unless she has been found unfit.

An unmarried father must establish his paternity and arrange for a custody hearing if he wants custody.

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.

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12y ago

Generally, if the parents are unmarried the mother has sole custody and control in most states, including California, 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.

Generally, if the parents are unmarried the mother has sole custody and control in most states, including California, 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.

Generally, if the parents are unmarried the mother has sole custody and control in most states, including California, 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.

Generally, if the parents are unmarried the mother has sole custody and control in most states, including California, 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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12y ago

Generally, if the parents are unmarried the mother has sole custody and control in most states, including California, 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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13y ago

In 49 states, an unmarried mother has assumed or legislated sole custody and control. see links below

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11y ago

The mother is assumed to have sole custodial rights until it is decided otherwise by the court.

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9y ago

Generally in the United States an unmarried mother has sole custody until the father has established his paternity legally.

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11y ago

In general the mother. The father has to petition in court for visitation and custody after he has established paternity by DNA test. Then he can also pay child support.

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Q: Who has legal custody of minor child in Colorado when parents have never married?
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Missouri law Who has legal custody of minor child when parents have never married but dad is on birth records get sole custody They have never been married but the mom and dad live with their parents?

If the parents have never married and live separately with their own parents, a court would need to decide on custody. Typically, the court will place the child with the mother, but the best interests of the child are primary.


You got married after you had your child who has custody?

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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.


Can a father take a child out of state if the parents are not married and there is no custody appointed?

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What are the child custody laws for unwed parents in VA?

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If neither parent has custody can you keep the child in NY?

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Who has legal custody of a minor child when parents never married in the state of co?

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Who has legal custody of a minor child when parents never married in Georgia?

The mother. The father have to petition the court for custody or visitation right.


Who has legal custody of a minor child when parents have never married in Michigan?

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How should the father prepare for a child custody suit where he is suing for custody and the parents are not married?

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Who has legal custody of minor child when parents never married in Connecticut?

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In the state of South Carolina who has legal custody of a child when it is born?

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