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Parenting -- Special Concerns
Reply to "unmarried mother - who has custody"
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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Thanks for the info about passports, but this question isn't about that. I'm simply asking if an unmarried father will automatically have joint legal custody of a child without ever having filed for such through the court. As I stated previously, father signed birth certificates. One PP says in VA both unmarried parents are presumed to have joint legal custody even if no court papers have ever been filed. [/quote] Meant to ask -- any other states? DC? MD?[/quote] What state are you in? It's pretty easy to look up.[/quote] What's easy to look up is the law about determination of custody once a custody filing is made. It's also easy to understand what happens with a married couple -- the child are presumed to be joint legal custody prior to filing. What is less clear to me is who has legal custody prior to or in the absence of any custody filing to the court by either of the unmarried parties. Many states consider the child of an unmarried mother to be her child (and thus in her legal custody) until the father acknowledges paternity AND files for custody in court. But I am not sure about MD and DC (another poster posted the advice she got in VA). [/quote] Well I was offering to look it up for you, but I only felt like doing it once. Not going to do it for both states, since it's your domicile that will control. [/quote]
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