if a couple has a child and never married who has custody if they break up?

Question

but the child has the fathers name

Answer 1

generally the mother but the father can take the mother to court if he thinks he is a better suiter

Answer 2

The child would be in custody of whatever parent has the child. I'm not just talking to be talking but out of experience. The custody papers are really what determines where the child belongs. If there is a dispute the matter would go to court....Once a motion was filed.

One parent has acutally snatched children from the other parent. The police can not intervene...since both parties are parents. There's no papers stating custody of the child...and people lie for whatever reason...(example: The mother dropped off our son and hasn't been back to get him) At this point the only thing is to go to court to decide custody.

The birth certificate carries a lot of weight if the father acknowledges and signs for paternity. It proves that the child is yours. For whatever reason a mother may lie and say it's not the father's child. Then there would be paternity testing...and custody would be held up.

Custody would go to the better parent. The mother is not always the best parent. Men have rights to protect their parentage of their children.

Answer 3

That really depends on their situation.
If the mother does not have a job then it may be hard for her to have the full custody of their child, therefor the father would probably be the better choice. In saying that though the mother might be the best one because the father is too busy working to spend the time with their child...... um... I really don't know. I have 2 young boys myself, I am with their father and not married also, if we did break up I'd say that I would probably be the sole parent to have custody.... maybe.

Answer 4

The last name has no bearing.

Like most cases the custody goes to the mother unless otherwise agreed or the father can prove that the mom is unfit and establish full custody.

Once they go to court custody is established so will child support payments

Answer 5

Have to go to court but as far as I know, as long as the mother is psychologically capable and the child is still 7 years old or younger, mother gets custody of the child. After that age, child can choose.

Answer 6

After living together for 9 months the government views you as being married. It's called "common-law marriage". If you have been together for that long, custody would be the same as if you were getting divorced. The childs last name is not a factor.

Answer 7

The mother unless their is already otherwise established custody. The father can sue for visitation or shared, or full custody himself. In order for him to get full custody he has to prove without a shadow of a doubt that the mother is unfit and that takes alotttttt.

Answer 8

parents can decide; courts usually side with the mother when seeking full custody. you can also agree to joint custody and share custody of your son through a visitation schedule. most children take the father's name so it won't stand up in court, regardless you are the biological mother. go to a social service agency in your area, like a legal aid office and speak to someone about legal representation in court and understanding your rights. churches, local soup kitchens, and federal agencies should be able to refer you for services.

Answer 9

the best parent will get custody but the mom is the primary parent which means the fathar will have to take the mother to court to fight for custody if he can prove she's a un fit mother than the fathar will get custody

Answer 10

In California you can put anybody's name on a birth certicate. The father would need to file for paternity in a court of law to have any legal rights.

You should be able to inquire at your city or county's family court.....