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From Macky in Discussion:

If no custody order has been issued when it pertains to a married couple the law presumes both biological parents to have equal custodial rights.If the couple is unmarried the mother has full legal rights to the child until the father establishes paternity and is granted custodial or visitation rights by the court.This means in most instances the biological mother may remove the child from the state of residency without permission from the father, unless a court order is issued prohibiting the act.

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12y ago
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12y ago

The court must appoint a legal guardian. However, if custody has been taken from the parents by the court there would be some other guardian appointed. An unmarried mother automatically has sole custody of her child unless and until the father establishes his paternity in court.

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12y ago

Someone will need to file a petition for custody with your local court system. Then, the legal guardian can apply for social security benefits for that child. Any child with a deceased parent is entitled to either SSD, if the parent worked, or SSI.

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12y ago

Well you would have to give more information than that.... The mom would have custody, since she obviously has the baby. If the father wants the baby and not the mother then he would have to go to court and get it that way. I dout the father would get the baby since court cases usually go towards the mother. Unless she is doing stuff that could or did negatively impact the baby. (like drugs, or drinking while pregnant, stuff like that)

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13y ago

then you cant live with them the parent that has custody of you, you have to live with unless you go to the judge and tell them you want to live with the other parent but unless the judge tells you other wise your stuck with the other parent but if your 13 and above you can tell the judge who you want to live with..

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13y ago

United States

State laws vary widely in the United States but in almost every state the biological parent has sole rights to custody of the child. If a custodial parent dies the surviving natural parent will normally be granted custody of the child unless they have already been deemed an unfit parent, parental priviledges have been terminated by the Court or the natural parent has terminated parental rights through stipulation.

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12y ago

The court will try to place the child with a relative or friend or some responsible person known to the the child who is willing to take on that responsibility. If that's not possible the child will go into foster care.

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17y ago

The law presumes that an unmarried woman has sole custody of a child born out of wedlock until/unless a court rules otherwise.

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Q: Who has custody when no court order has been established?
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What are the rights of mother to an underage son?

United StatesA mother has full parental rights regarding her children unless her rights have been terminated by a court order. An unmarried mother has sole custody until the father's paternity is established in court and the court has issued a custody and visitation order.United StatesA mother has full parental rights regarding her children unless her rights have been terminated by a court order. An unmarried mother has sole custody until the father's paternity is established in court and the court has issued a custody and visitation order.United StatesA mother has full parental rights regarding her children unless her rights have been terminated by a court order. An unmarried mother has sole custody until the father's paternity is established in court and the court has issued a custody and visitation order.United StatesA mother has full parental rights regarding her children unless her rights have been terminated by a court order. An unmarried mother has sole custody until the father's paternity is established in court and the court has issued a custody and visitation order.


How can a sixteen year old father obtain joint custody of his newborn son?

He needs to petition the court to have his paternity established. Once his paternity has been legally established he can petition for joint custody and a visitation schedule. The court will also issue a child support order.


In Texas Does unwed mothers have sole custody if father is in jail?

It depends on whether the case has ever been adjudicated in family court. If paternity has never been established the mother has sole custody. If paternity was established and the father was granted joint custody or visitation rights then those orders stand until they have been modified by the court.It depends on whether the case has ever been adjudicated in family court. If paternity has never been established the mother has sole custody. If paternity was established and the father was granted joint custody or visitation rights then those orders stand until they have been modified by the court.It depends on whether the case has ever been adjudicated in family court. If paternity has never been established the mother has sole custody. If paternity was established and the father was granted joint custody or visitation rights then those orders stand until they have been modified by the court.It depends on whether the case has ever been adjudicated in family court. If paternity has never been established the mother has sole custody. If paternity was established and the father was granted joint custody or visitation rights then those orders stand until they have been modified by the court.


Can the mother go to the father house and get her child if there isn't a court order saying that the dad has full custody?

No, the mother is no more entitled to custody than the father. If the father currently has temporary or implied custody, then a custody order must first be established before you can get partial custody or visitation rights. For example, if you moved out and left the child in the care of the father, you forfeited your custody rights until an official custody order has been established.


Will your husband have to pay child support on your baby until it is determined if the child is his or not?

No. That determination will be made by the court and then a child support order will be established after paternity has been established.No. That determination will be made by the court and then a child support order will be established after paternity has been established.No. That determination will be made by the court and then a child support order will be established after paternity has been established.No. That determination will be made by the court and then a child support order will be established after paternity has been established.


What rights does a mother have if custody hasn't been established?

If you are not married the custody automatically falls on the mother and the father have to go to court to get visitation or custody. If you are married you have equal rights.


What do you do if father will not let you see your child?

AnswerVisit your local family court and ask to speak with an advocate. The father has no legal right to keep the children from you unless you have been deemed unfit. Unwed mothers have custody until a custody order has been issued by the court once the father has established his paternity. Married parents have equal parental rights. The court will issue an order that addresses custody, visitation and child support as part of a divorce decree.


If no court order for custody has been granted and the parents are unmarried who has the custody of a child in Oklahoma?

When the issue pertains to unmarried couples the law presumes the mother to have full legal custody of the child(ren). The father must establish paternity before custody, child support or visitation rights can be addressed by the court.


Do you have full custody of your son if his father left?

It depends on your legal status before and after the father left. If you are married then he still has full parental rights until a court renders a custody order. If you have been divorced custody should have been addressed in the divorce decree. If you were never married and he has no previously established custodial rights then you have full legal custody.


Who has custody of an illegitimate child when there is no court decision nor order treating custody?

The law presumes that an unwed mother hold sole and exclusive custody of her child unless/until the court rules otherwise. She does not have to allow visitation rights to the father or the father's family, but neither can she seek child support until paternity has been established.


Can a father file for custody if paternity has not been proven?

No, paternity needs to be established, even of it requires a court order. It can be done in utero, and under limited circumstances, a custody challenge filed in the state where conception took place. see links


Does a father have to return his child to the mother if there is no court order in Illinois?

If married, No. As for single fathers, they have no legal rights to the children until their paternity has been established, of course. 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 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.