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Can a mother obtain sole or primary legal custody of her son if his father is terminally ill and in the hospital even if they already have a custody and visitation order in place?
Kunkel1986
"Can" pr;
imary custody be obtained under the scenario you've given? Yes. But, the real questions is "Why?"
It sounds as if biological father is going to die ... And, I'm guessing that Dad has custody? Because he is in the hospital, he is clearly unable to care for his / your child(ren) without the assistance of another responsible adult. As the biological mother, you are the preferred choice for the custodial parent IF you have not given the court reason to believe that you are a neglectful and/or abusive parent.
You should contact the attorney who handled the original custody hearing for you. S/he will file a Motion to Modify if it is warranted. Or, s/he will advise you of your options. It all depends on the particular facts of your situation.
Rebuttle:
Our current custody agreement is for myself to have our son for the week and his father to have him on the weekend. His father has stage 4 hodgkins lymphoma and is currently admitted for his bone marrow transplant. Our current order states that is one parent is PERSONALLY able to care for the child then the child will go to the other parent. My sons father will be in the hospital for an undermined amount of time and the total recovery time for his procedure is anywhere from 6months-1 1/2 years. The father and I have been butting heads on EVERYTHING even through his previous treatments and current treatment. I try to compromise as much as I can, but he is unwilling to budge on any decision if it isnt exactly what he wants. I do not feel that he is an unfit parent, nor do I feel he should have zero parental rights, but I do feel that given his current situation he is not thinking of what is best for our son. He refuses to agree on a school (even though our son is to start in september and his father will not be fully recovered by that time) and he also wants for his parents to take over his visitation days as if they were there own......when my sons father and I had agreed previously that if our son had the ability to be with either his mother or father first that that would happen before sending our son with other family members. I in no way have tried to keep my son from his father, nor would I ever do so. I am fully supportive of our son visiting his father and having as much time with his father as possible. However I do not feel his father is in the right mind frame to decide what is best for our son. He is only making decisions on what is best for his self and not what is best for our son.
Wiki User
∙ 12y ago
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What happens when you are paying child support but being denied visitation and your child resides in a different state?
The non-custodial parent should file for visitation rights for the child in the county where custody was given. If the parent who has custody of the child is preventing the non-custodial parent the right of visitation they can be found in contempt of court if visitation has already been established. If the custodial parent has too many repeated contempts filed against them, custody can be switched to the other parent.
Is modification of custody the same as modification of visitation?
if it involves joint custody
How do you file for custody if there has been no court order and the mother did not bring the child back after visitation in the State of Texas?
If you are not married and there is no custody or visitation order, she has custody automatically. The father have to prove paternity in court by a DNA test and then petition for custody or visitation. He can then also pay child support.
How do you get visitation if your ex has full custody?
You may arrange visitation through the courts.
What are the rights of an unmarried man with kids in Nebraska who has already established paternity?
He has the right to request custody (joint custody- which may or may not be granted) and/or a visitation schedule and have a child support order entered if the mother is to retain physical custody.
If you pay child support can you see your child?
Child support and custody/visitation are separate issues. You should contact your local courts to file for visitation/custody if the custodial parent is denying visitation.
Can a spouse deny visitation if separated?
Yes they can until there is a court order for custody and visitation
If the father has visitation rights and has not seen the child can you get full custody and receive child support?
How does he have any visitation rights with a custody and child support order?
The father got custody years ago the children are 9 and 14 and he won't let me see them. How old does the child have to be for visitation in Colorado and can I fight for visitation?
Yes of course you can. Visitation rights or shared custody should be settled when they are babies. There should have been a visitation order entered at the time the father was granted custody. There is no age restriction. Unless you were deemed an unfit parent you have the right to a visitation schedule. You should return to the court that issued the custody order and request a visitation schedule.
If a father in Florida is denied the visitation rights can he petition for sole custody?
Being denied visitation or not, a father can petition for sole custody. The two situations are not related.
What happens when the non custodial parent who shares joint custody gets awarded temporary custody with supervised visitation Supervised visitation is not being allowed?
by whom?
Does an unwed mother have sole custody?
Yes, the father have to go to court to get visitation or custody.
