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That depends on the custody order, but she can file for a change of custody.

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14y ago
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Q: Can divorced father with primary custody let child live with his 28 year old son and wife or does the child have to stay with mother if not with father?
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How can a father get custody of his children from there birth mother?

A father can get custody of the children if it can be demonstrated that that is in the best interest of the child. The father being the primary caregiver would help.


How do you know if you have full custody?

An unmarried mother has full custody of her child unlessthe father has established his paternity through the court. He can then request custody and visitation rights. A divorced mother must review her divorce decree and all related court orders if she is unsure about the status of the custody of her child.


Do the father have the right to emancipate daughter if mother does not agree?

O9nly if he has primary custody, or family is intact.


Why does the Mother keep the children not the Father when they get divorced?

This is not a rule or law, just happens that more often the mother is found to be a more suitable parent than the father in custody cases.


If couple has been divorced for five years can mother claim child support now?

if she has primary custody, from the point of the filing date.


How can you get residential custody of child as a single father?

A single father, what does that mean? Are you divorced, ever married to the mother of your child, or is the child adopted by you, or is the mother dead or out of the picture? If your question is "How does a Father obtain residential custody after a divorce or in a paternity case", then I can answer this question. Let me know what your grounds for custody are. What is it about the mother or other parent that makes it harmful for the child to remain in their care?


Can a mother be charged with parental kidnapping if she takes her child out of state and she was never married to the father?

Yes, if:- The father retains sole physical custody of the child, the mother has visitation rights and took the child out-of-state during a time she did NOT have visitation with the child; OR- The father retains sole physical custody of the child, the mother has absolutely no parental rights to the child and took the child out-of-state at any time.No, if:- There is a custody arrangement in place, whether as a written or oral agreement between the her and the father, or as an Order for Child Custody, and the mother retains primary or joint (equally shared) physical custody of the child; OR- There is no custody arrangement in place between her and the father, and there is no Order for Child Custody in place, but she retains primary or sole physical custody of the child and/or the father never bothered to petition for custody; OR- There is a custody agreement in place between her and the father, or there is an Order for Child Custody, and the father retains primary or sole physical custody of the child, IF the mother has visitation rights and chose to take the child out-of-state while she had visitation with the child;- Just about any other scenario, other than the two described above under "yes," not otherwise described here.To sum this up, no, the mother probably cannot be charged with parental kidnapping simply for taking her child out of state. The mother has a legal right to travel wherever she chooses with her child unless a court tells her otherwise. In fact, the mother may move out-of-state with the child permanently if she so chooses, and there is nothing the father can do.The fact that the mother and the father were never married is completely irrelevant. The only difference between unmarried parents and divorced parents, is that divorced parents usually submit a custody plan to (or, more often, one parent receives an Order for Primary Physical Custody from) the family court, which explicitly outlines which parent has custody and which has visitation. If the parents never married, and the child lives with the mother, she is the custodial parent (which means she has primary physical custody of the child) and she can take the child wherever she pleases, whenever she wishes. The father has no legal claim to or right to control how the mother cares for the child while she retains custody, and the mother is certainly not required to seek permission or even notify the father of her intent to leave the state with her child so long as she retains custody,


Can godparents receive custody if parents family is still alive?

In the event of the death of a divorced/single mother, she can Will the child to them, but the father can challenge.


The agreement between 2 parents is custody to mother but weekends for father if the mother dies who would get custody?

the father gets the custody of the child if the mother dies


If mother have primary custody can she keep the child on the day the father is supposed to have the child?

No, that would be a violation of the court orders


Can i move out of my mother's house and into my father's before the age of eighteen without primary custody mother's permission?

No. Your parents must come to an agreement and change the custody order filed in the family court.


If father has primary custody and goes to work out of state and step mother stays home with child can the mothers grandparents try to get custody for that time?

They have no court standing