2006-09-10 08:37:33 · 30 answers · asked by Anonymous in Pregnancy & Parenting ➔ Parenting
Both has legal custody as long as both names are on the certificate. Usually the mom has the child in custody though. But remember dad has the same rights as mommy .
2006-09-10 08:39:57 · answer #1 · answered by ? 2 · 0⤊ 0⤋
Birth certificates do not dictate child custody. If there is a custody dispute, it will be handled in family court. Who is on the birth certificate will NOT determine custody. Fathers who are NOT on birth certificates CAN get custody and visitation. Fathers who are ON the birth certificate, but are proven not to be the biological father, can lose custody. In some states, if the mother was married, then the husband (whether he was the father or not) will be financially responsible for the child. Where possible, it's always best to be honest about who the father is on the birth certificate. New mothers should not worry about custody when listing the father on the birth certificate.
2006-09-10 15:56:55 · answer #2 · answered by LasVegasMomma 4 · 0⤊ 0⤋
Both are legal guardians of the child. If the parents don't live together the baby would probably go home with the mother unless the father went to court to make sure he got custody. And he could. If there is a custody fight then this would have to be figured out in mediation or a legal proceeding. Best to work it out up front and go to a lawyer to make sure you have custody in order before a baby is born (if there are potential custody issues).
2006-09-10 15:45:09 · answer #3 · answered by Me 3 · 0⤊ 0⤋
If it is not on paper, legally, no one does. He could take off with the child without your permission and couldn't get in trouble for it. Same with you. If there are no legal documents then no one has legal custody. Hence the "legal" documents. The custody belongs to who ever has the child in their custody at the moment. I have been there with my daughter. If the father is involved then make sure you get some papers filled out so that least there is something stating that neither of you can take the child of state without the other permission. If you two get along really well and there is no problem and you can agree to a visitation arrangement then there is no need to get the legal stuff invovled. But, if you don't agree, then you really should get something in writing, legally. This is also the only way that you can legally ask for child support if you wish to get it. My daughter's father is completely uninvolved, though once a year he calls me and tries to say he wants to start seeing her a few times a year, but then the conversation stops there and I don't hear from him again. You have to make your judgment based on knowing the child's father.
2006-09-10 15:53:40 · answer #4 · answered by Anonymous · 1⤊ 0⤋
The father as the same rights as the mother!!! The mother isn't automatically the legal guardian. It has to be taken to court. Anyone that tellls you any different, doesn't know what tthey are talking about. Custody isn't determined until it's taken to court. IF you both can work out an agreement that would be great so that yo udonj't have to go to court. Court is for when there is a disagreement between the mother and father.
2006-09-10 15:48:00 · answer #5 · answered by melashell 3 · 0⤊ 0⤋
When un-married it immediately falls to the mother in most cases. There should be a formal filing as to custody, the rules of visitation, and child support with the court. The Dad still has all rights to parent the child and this all needs filed with a court so there is someone to enforce the rules.
2006-09-12 13:53:30 · answer #6 · answered by Carp 5 · 0⤊ 0⤋
I don't know how it is in all the other states but in Florida the mother has autmatic full rights to the child unless the parents get married. When my husband and I had our son we were not married yet so according to the state he could have gotten visation if he wanted to persue it but until that point in time I had all legal rights to him. Now that we are married he has the same rights as I do. I personally don't completely agree with the way the state does it considering my husband has 2 daughters from a previous relationship his name is only on one of the birth certificates and the one he is not on she refused to give her his last name but he is forced to pay child support but he hasn't seen them in 2 years even though we keep trying to fight it the state just gives you the run around.
2006-09-10 16:00:26 · answer #7 · answered by rochelle s 3 · 0⤊ 0⤋
The mother has more custody of the child, but because his name is on the certificate he also has certain legal rights.
2006-09-11 12:09:06 · answer #8 · answered by Lee 1 · 0⤊ 0⤋
both have custody unless you take it to the courts but then they will give it to both the parents. Usually it will be full phyiscal to the mom joint legal so you both have to make desicions in the childs like ex: school, religion, anything that is a major deciscion.
I have Full Physical Custody joint legal.
Look into it at your local child support office.
2006-09-10 15:55:01 · answer #9 · answered by rainymar143 2 · 0⤊ 0⤋
Legal custody is determined by the LEGAL system, although the mother usually gets first consideration because of her ultimate bond with the child. But legal custody can not be determined by who's name is on the paper. I
2006-09-10 15:40:53 · answer #10 · answered by Transformers20 2 · 0⤊ 0⤋