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    ehonda777's Avatar
    ehonda777 Posts: 2, Reputation: 1
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    #1

    Mar 2, 2013, 02:21 PM
    If a father signs the birth certificate, Is he allowed to come get the child whenever
    If an unmarried father signs the birth certificate, is he allowed to pick up the child whenever he wants despite the mothers wishes?
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #2

    Mar 2, 2013, 02:45 PM
    Is there an arrangement that you already have with him? You really need to go to court and get the visitation nailed down or the insanity will continue. By signing the Birth Certificate he is the legal father of the child.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Mar 2, 2013, 03:01 PM
    Absent a custody and visitaiton order, in theory, yes.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Mar 2, 2013, 03:02 PM
    Absent of any court order both parents have equal rights. However, if they do not live together, the parent the child lives with is in control. So yes, the mother can deny visitation.

    So the father should go to court to establish custody and visitation, particularly a visitation schedule.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #5

    Mar 2, 2013, 03:07 PM
    ... the mother can deny visitation.. .
    "Can", as opposed to "may".

    Let's clarify here: either parent would have the right to take the child. But that's why I said "in theory". The parent seeking to have the child (the father, for example) could go to the other parent and say "I want to take our child with me." But if she say's "No", what's he going to do? Answer is that he would have to sue in court..
    ehonda777's Avatar
    ehonda777 Posts: 2, Reputation: 1
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    #6

    Mar 2, 2013, 03:15 PM
    No. There is no agreement as of now. The child lives with me. (the mother)
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Mar 2, 2013, 03:19 PM
    If you deny the father visitation rights, when he takes you to court, the court will not look kindly on it.

    You are better off filing for custody before he does.
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