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#1 ALTrahan

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Posted --

Residence- Houma, Louisiana, Terrebonne Parish. 


If a couple are not married when a child is born but both are on the birth certificate, when separated neither party filed for custody of the child. Does the custody automatically go to the mother? Or do neither of them have custody of the child until custody is filed for? If neither has sole custody of the child, can the mother keep the child from the father whenever she wants to?



#2 Ted_from_Texas

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Posted 20 August 2011 - 10:03 AM

When a child is born out of wedlock, the mother is presumed to have sole legal and physical custody unless or until there's a court order that says otherwise.  That means until one or both parents go to court to establish the father's legal paternity (the birth certificate is not by itself dispositive in this regard) and obtained a custody and support order that specifies both parents' respective rights and responsibilities, the father has no enforceable rights whatsoever, and the mother gets to call the shots concerning where, when, how (and even if) the father can visit.  Consult local counsel.



#3 barbie2

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Posted 20 August 2011 - 01:29 PM

ALTrahan said...



Residence- Houma, Louisiana, Terrebonne Parish. 


If a couple are not married when a child is born but both are on the birth certificate, when separated neither party filed for custody of the child. Does the custody automatically go to the mother? Or do neither of them have custody of the child until custody is filed for? If neither has sole custody of the child, can the mother keep the child from the father whenever she wants to?








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