Can a unmarried paternal father take his child to go live in another house without the mother?

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Can a unmarried paternal father take his child to go live in another house without the mother?

Asked on December 14, 2012 under Family Law, South Dakota

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

As a general rule, parents have the same rights.  That means that you as the father would have the same rights as the mother.  But because you were not married you will need to go to the court to establish your rights under the law.  The mother is considered the legal guardian of the child unless there is a court order establishing custody and visitation and that you are the custodial parent.  Good luck.


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