Custody

Mindy - posted on 01/23/2012 ( 3 moms have responded )

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All of these questions about custody arrangements, sole custody, etc. Here's a brief breakdown of a father's rights in most situations (assuming that there have not been any court proceedings making a determination).



You and the father were married: He has visitation rights or custody (whatever was decided in the divorce). Usually changing custody required a substantial change in circumstances that is detrimental to the child.



Not married, father on birth certificate: mother has primary custody, any visitation with father is at mother's discretion. Father can seek a court order for visitation and/or custody. I've never heard of a father receiving custody in this situation, but that's not to say it's never happened.



Not married, father not on birth certificate: in the eyes of the law there is no father. Mother has sole custody. Father can pursue court proceedings to be acknowledged as father, get visitation, etc.



Hope that helps.

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Mindy - posted on 02/11/2012

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Once there is legally a father (ie he's on the b.c., paying child support, whatever) he has rights, therefore Mother would not have -sole- custody. But, unless he pursues an action in family court to get visitation or whatever, there is nothing legally obligating the mother to provide him with visitation.

Serene - posted on 02/04/2012

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What about those that are not married, father not on birth ceritificate, and the state goes after father for paternity test to pay child support so does mother still have sole custody? Just wondering

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