Usually initially the courts will give the child to the mother(birth parent if it is a same sex thing) and the dad will have visitation. Most of the time the dad has to prove the mother unfit to get custody or the mother must voluntarily give up custody. In some places, if the baby was born out of wedlock, the dad has no rights to the child even if he signed the birth certificate until DNA has been done. Good Luck.
2007-02-21 10:49:01
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answer #1
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answered by Devaneymom 3
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If they both want the child and are living in the same area joint custody would be ideal. They have to agree to this or let a judge decide for them. After reading some of the other answers I must speak up for all men. The idea that the mother will automatically be awarded custody of the child is not correct at all, maybe 10 -20 years ago, but not now. Also the Father can request a blood test if he thinks the child is his and she says it is not or vise- versa. No judge is going to let a child decide what is best for her. I was awarded custody of my daughter when she was 14. She told the judge she wanted to live with her mother. She got to do anything she wanted school or no school, out every night etc. The judge did listen to what she had to say but he knew the environment she was in was not good. So it really boils down to who has the best attorney and the least skeletons in their closet
2007-02-21 10:48:22
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answer #2
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answered by Big_Dog_Spike 3
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I believe the same rules apply that apply to a married couple. The judge will probably get social services or someone involved to decide where the child lives and on visitation if the parents cannot decide or agree. In some cases its decided that neither parent is seen as the better parent and the child could be placed with a third party such as grandparent or other re;ative or foster care.
2007-02-21 10:51:47
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answer #3
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answered by Molly 6
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Typically the child stays with the mom and the dad has visitation rights. The judge will decide what is best for the child. When your son/daughter is under the age of 14, the judge will be more in favor of the mom having full custody. The mom would have to proven unfit, for the dad to get full custody. After the age of 14, the child is more likely to be able to handle the back in forth stuff.
I had this issue with my son's father, he tried to claim he was going to sue for full custody. Just ignore any threats (if there are any), because like I said, the judge makes his decision based on what's best for the child.
2007-02-21 10:54:22
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answer #4
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answered by Jennifer 3
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depends on where you live. Some place the mother gets to keep the child unless the father can prove that she is an unfit mother. Some states make people share the child. Good luck.
2007-02-21 10:55:42
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answer #5
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answered by crystalyn129 3
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some of these people have ancient info - they used to award automatic custody to the mother - nowadays, both parents have rights, and it is dealt with the same way as if they had been married. If I were you, I'd totally look up that law link in the answer above, prepare for making an arrangement with the other parent, preferably not a custody battle, better if you can stay on good terms, of course.
Good luck!
2007-02-21 10:55:41
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answer #6
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answered by Anonymous
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If you guys can't decide, civilly then take it to court. If both of you are fit parents then both of you have a right to be in the childs life I feel bad for the kid involved he/she is going to have a life of hardships unless you guys can remain friends and be civil to each other in front of him or her. Remember don't talk bad about the other one in front of the child that is the childs mom or dad then there will be real issues.
2007-02-21 10:49:56
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answer #7
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answered by chiefs fan 4
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The mother usually gets the child unless the father can prove that you wouldn't be a good mother and that he would be a better parent for the child
2007-02-21 10:48:01
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answer #8
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answered by tisdale 3
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The child can vote, depending on the age - but usually the mother is the one who gains full custody, unless the religion interferes.
2007-02-21 10:47:46
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answer #9
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answered by ? 4
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Well in any case where here is battle over a child it could be whoever can provide a better safe home. Who is more responsible. They are looking more for the benefit of the kid.
2007-02-21 10:48:22
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answer #10
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answered by Tim VP 3
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