Do both parents have custody of the child if both of their names are on the birth certificate?

[SPARC Forums]

•    SPARC Forums
•    Divorce First Aid
•    Parenting Evaluations
•    Evaluation Guide
•    Practical Tips
•    FAQ Center
•    Parenting Plans
•    Miscellaneous Info
•    Mental Health Articles
•    Editorials / Opinion
•    Law & Legislation
•    Book/Product Reviews
•    Studies & Statistics
•    Divorce Dictionary
•    Contact & About Us
•    Layman's Guide
•    Downloads

[Articles]

Click to Search the Articles Click to Search the Forum

Supervised Visitation Index Oracle SQL Library

Welcome to SPARC Forums. Please login or sign up.

Oct 17, 2024, 07:43:49 PM

Forever 1 Hour 1 Day 1 Week 1 Month

Login with username, password and session length

Do both parents have custody of the child if both of their names are on the birth certificate?

May 14, 2012, 08:25:00 AM

Views: 23966

Rating: 0 (Rates: 0)

Do both parents have custody of the child if both of their names are on the birth certificate?

If the parents are married there is no real determination of 'custody' per se. When married, both parents are generally considered to be legal guardians. Custody is determined by a court, usually in response to a petition for dissolution (divorce) and/or a motion for child support.

Articles in « Litigation Questions »

• My soon-to-be-ex husband insists that I change my name back to my maiden name. Can he force me to do this?
• How do I know what court has jurisdiction in my case?
• My spouse has a safe deposit box that's being paid for through our joint account. Is there any way to get or freeze access to this box?
• We moved to a different State. How do we go about transferring jurisdiction?
• Why do I have to pay my spouse's medical insurance while we're divorcing?
• Who enforces alimony or 'spousal support' orders?
• What parts of a prenuptial agreement are unenforceable, if any?
• I am currently separated with a prenuptial agreement in standing. Can I still receive temporary spousal support?
• Can I claim the deductions for my kids on my income tax?
• Can I write a minor child out of my will? He is completely alienated and wants nothing to do with me.
• Can I hold my ex in contempt for [insert violation here].
• Is it legal to record telephone conversations between my child and my ex?
• Does my State have 'move-away' laws?
• The custodial parent sometimes sends me notes and emails, saying things like 'this will be your last visit' or 'you won't see your child anymore', etc. How should I respond to this?
• Do both parents have custody of the child if both of their names are on the birth certificate?
• What do I need to charge my ex with 'Contempt Of Court' for denying me visitation?
• My ex-girlfriend is pregnant with my child. Since our breakup, she will not return my calls, or give me any information regarding the pregnancy. Do I have a legal right to attend the medical visits?
• My ex-girlfriend is putting our baby up for adoption. I want the baby, but she says she'll never agree to me adopting my child. Is there anything I can do?
• What is the difference between custody and legal guardianship? What rights do I have if I have legal guardianship?
• My ex is withholding info regarding our children. We have temporary orders stating that I am a possessory conservator. She informed school/daycare officials not to release any info to me or my power of attorney. Can she do this?
• My spouse and I purchased a house recently; now we're divorcing. She wants to stay in the house; I want my name off, but what if she CAN'T get it refinanced in her name? Can I sell it even if she doesn't want to?
• How long can a parent go without contact with a child before their rights are relinquished?
• Can I get a restraining order on my wife's boyfriend at my marital home? He's there when I pick up my kids in the morning.
• I am the noncustodial parent and my ex is relocating but in the same city. Do I have the right to know her new address and phone number?
• My ex wants to move my kids 30 miles away. Is this considered a 'domestic move-away', and if so what can I do to stop it?
• If children are homeschooled, what records does the custodial parent have to provide to the non-custodial parent?
• How can I found out if my fiance is legally divorced yet?
• What if a father knows he's not the biological father and still signs the birth certificate and a paternity affirmation?
• My ex tried to take the children out of shool without me knowing about it. Is there something I can do about that?
• My husband refuses to cooperate in helping to file last year's tax returns. He won't give them to me or help in any way. What is my recourse?
• I'm new to all this...where do I start?
• I can't afford an attorney. Can I do this myself?
• My soon-to-be-ex just moved out. Can I change the locks?
• What is a CASA? What is a GAL? What do they do?
• My step-child's school says I don't have the right to get his school records. Is this true? Is there anything I can do?
• I believe our child's therapist has acted improperly. How do I file a complaint?
• My child's school refuses to release his report cards and other school records to me- what can I do?
• Can I tape-record my ex's phone calls?
• Can I videotape my ex when we exchange our child?
• Is a Power of Attorney legally valid across State lines?
• How do I go about getting court records?
• Do I have the right to copies of records that are held by lawyers that I have released or fired?
• Does the non-custodial parent have a right to daycare or pre-school records?
• Where can I find an explanation of all the divorce-related words and terminology?
• Where can I find my State's Family Law statutes?
• Can I use email from my ex in court? What about voicemail and answering machine messages?