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Biological Father Custody

A biological father has the right to his child. The question is the circumstances he left and under those circumstances does he have the right? If the biological father did not sign the birth certificate and left even before the baby was born, then probably the court may not let the case prevail in his favor. He typically cannot get custody of the children.

Even here if you have married and have a family which is providing complete care for the children, then the biological father cannot get custody of the children. However, he can have access to them.

If you are not married and the biological father is prepared to pay child support, share equal expenses and partake in the child's future, then he may get visitation rights. The child's comfort environment is given the first priority, and since the child does not know who the father is, the chances of father getting custody are practically nil. It can happen only if the mother dies, where the father is given more preference than grandparents. Otherwise, the father is given visitation rights and access.

Biological father custody is very difficult unless the father has contributed to the child's upbringing by sharing time and costs with the children. In a normal divorce case, the father and mother have equal rights over the children.  In cases where children are born out of wedlock, but the father has still been there around, then both mother and father have equal rights to have access to the children.

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