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Never Married to Mom

Never Married to Mom

In most states if mother and father are not married at the time of the child's birth, or do not subsequently marry, the child is deemed to be illegitimate.  A father is deemed the biological father only and usually has no rights to the child.  This is often true even if the father is named on the child's birth certificate.  The mother has sole legal and sole physical custody of the child. 

In order to obtain his rights, the biological father must legitimate the child and have the law recognize the child as his legal child. The laws vary from state to state as to the requirements to legitimate a child.  In most states a mother can petition the courts to get child support from a biological father and he will have to pay child support.  This is true even if he has absolutely no rights to custody or even visitation with the child. 

If mom and dad are not married, and mom is either pregnant or has just had a baby, it is recommended that you consult a lawyer IMMEDIATELY.  If you want to have a relationship with your child that is protected and recognized by law, it is best to have your rights established as quickly as possible.  This is true even if you and mom are living together and are blissfully happy.  If something happens and your relationship dissolves, you may not have any legal rights to even visit your child until your rights are established by the courts.  

TO CHECK THE LAWS REGARDING RIGHT OF BIOLOGICAL FATHER IN EACH STATE CLICK ON THE LINK BELOW

  

Alabama Kentucky North Dakota
Alaska Louisiana Ohio
Arizona Maine Oklahoma
Arkansas Maryland Oregon
California Massachusetts Pennsylvania
Puerto Rico
Colorado Michigan Rhode Island
Connecticut Minnesota South Carolina
Delaware Mississippi South Dakota
District of Columbia Missouri Tennessee
Florida Montana Texas
Georgia Nebraska Utah
Hawaii Nevada Vermont
Idaho New Hampshire Virginia
Illinois New Jersey Washington
Indiana New York West Virginia
Iowa New Mexico Wisconsin
Kansas North Carolina Wyoming



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