Does a father have legal rights to care for a child after 16 years of no support after the mother dies?
At 16 it is the childs' choice. The errant father certainly has no legal rights to the child. Answer Laws pertaining to child custody are set by the state in which the minor and his/her custodial parent or legal guardian have established residency. Although a father has not been involved the child's life it does not automatically exclude him from filing a custody petition. Parental rights can only be terminated in two ways, voluntarily or by order of a court of jurisdiction. As long as the child is deemed a minor pursuant to the laws of the state of residency, age is not a factor. In most cases the judge presiding over a custody hearing would take into account the wishes of a sixteen years old.
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Answer . \nIf you and your ex both have the children it is not unusual for the father to pay child support. Don't forget, the ex has to go to work to provide for those children in most cases and that is a large cost. There is day care for the children, buying clothes, schooling, food, etc. It'…s tough. However, if you are the one looking after your children 100% you need to find legal council because you shouldn't be paying your ex any money! All child support goes to the child(ren.)\n. \nMarcy (MORE)
Can the mother who has full custody of a child still receive child support from the father who has not seen the child in 3 years after the father s parental rights are revoked?
Answer . \nYes, the revocation of parental rights does not exclude the parent from being financially responsible until the child or children reach the age of emancipation, or the age ordered in the child support petition.
If a father has custody of his 18-year-old daughter and she wants to move out is the father still obligated to take care of her and does her mother still pay child support?
Answer . \nIn the majority of states the age of emancipation is 18, if that is the case, the young lady would be of legal age to move where she choses. However, because she has not finished high school the child support order might be remain valid as long as she resides with a parent or legal gua…rdian. State laws would determine exactly how such a situation is viewed in terms of emancipation and support obligations. (MORE)
If your son's biological father has never seen him or talked to him and has not paid child support does he have any legal rights to him after 9 years?
Answer . No! It's to your advantage to take this to court. You want to have it on paper. I don't think much of mothers and fathers (married or not) who ditch their kids, and he doesn't deserve to see this child. However, you have to ask yourself if your child would benefit from knowing his/he…r father (most kids want to know because there is an empty void left inside of them and they need to fill that up). People do change. You could meet with the father and simply size the guy up and if you feel he has matured and changed for the better then perhaps it would be a good thing to let your child know his/her father. Still, you can have sole custody and let him have visitation rights at your own descretion.\n. \nGood luck\nMarcy (MORE)
If the father of a 2-year-old little girl signs over his rights to the mother does he still have to pay child support?
Answer . Relinquishment of custodial rights and voluntary termination of parental rights are different issues. A parent who wishes to be relieved of the legal and financial responsibility of a child must file a petition in the circuit court in the county of residence requesting parental rights be… terminated. Usually a parent will only be released from parental obligation in order to allow the child(ren) to be eligible for adoption. In rare cases a biological parent will be allowed to voluntarily give up rights to their child and be released from all financial responsibility. Such decisions depend upon the laws of the state and at the discretion of the presiding judge. (MORE)
He already stands a chance of being arrested and charged with statutory rape so his rights became limited when he decided to sleep with the child. He should get a lawyer soon because anyone can report this relationship (a neighbor, teacher, parents, etc) to the county prosecutor. If we ignore the …risk of being charged and sentenced for Statutory rape, you have rights as a dad. If she is not willing to give you access to your child you have to go to court and sort it out regarding visitation rights, child support etc. If the mother is a minor living at home you have no right to see her if her parents are against it but they have no right to keep you from your child. (MORE)
If a child's father remarries after the mother dies and the new spouse is executrix of the father's will does the child have a legal right to obtain a copy of the will?
\n. \n Answer \n. \nOnly if the father has passed away. As a possible beneficiary, the children are entitled to see the will, but until then there is no legal requirement for anyone to provide a copy.
All minors who are believed to be the father of a child must present proof of paternity to the court before they can file a petition for joint custody or visitation rights. Such proof can only be established after the birth of the child and the preferred and indisputable method is through DNA test…ing. I'm not an attorney and this is not legal advice. I have been dragged through the "system" for over 11 years and what I can tell you is that as a father of any age you don't really have any rights other than to " pay for play" as it has been told to me several times. The Truth is as far as I know until the child is born you have no rights. Wich really stumps me why the " right to life" people don't get involved with this issue.Now you can read till you go blind the laws of Michigan and what you will find is that for every law you think will help you there is another law that contradicts it. this how the sate of MI can stick to it's agenda. learn the grievance process , keep all your paper work always. bring pleanty of wittnesses to any hearing and ask them to keep notes, learn your local f.o.c handbook word for word cover to cover.if you can afford the transcripts at the hearings always buy them and compare the transcripts to your notes as courts often take out anything that will incriminate them.lawyers work for courts ( in my opinion and many others. ) your in for a long haul my friend. hang in there and although the courts and often the mothers don't look after the best interests of the child YOU MUST. as the child gets older they will see whats going on and there is more to life than the first 18 years. (MORE)
Answer . \nYes, if in cases of unmarried persons paternity has been established.\n. \nIf pataernity is uncertain then it will be required by the court before a petition for child support can be addressed.\n. \nCollection of child support for years passed is only possible if there was a valid c…ourt order for support relating to the year(s) in question. (MORE)
Can a mother who has legal custody of a 16-year-old prevent the minor child from moving in with the non custodial father in Missouri?
mom is the one who lat you grow up the one that she give you milk,food, staff,money,she is the one that lat you go to school she is the one that she lat you be a good Doctor or the one that you be that you in because she is the one who give you all the thing for school. my mom is my life .
If the mother leaves her child and husband and the husband takes over the care of the child who has legal rights to that child and does the father have to pay child support to the mother?
Answer . If a mother leaves her children in her husbands care and leaves the marital home then he owes her no child support. In fact she owes him child support. They have joint custody of the children until a court decides otherwise and unless there is a good reason it would continue that way. H…owever, the one raising the kids holds the cards. (MORE)
What rights does a father have when he pays child support and the mother does not let him see the child?
Answer . Regardless of whether child support has been paid, the NCP has the right to visitation as it is designated in the custody agreement, even if the custodial parent has "sole custody".. The father should refer to his custody order for the child(ren). Depending on the division of custody, …the noncustodial parent's (NCP) can vary, but it most always is spelled out, such as just as an example- Father shall have every other weekend starting at 6pm to Sunday at 6pm and the following holidays: etc. etc..:. The NCP (father in this situation) can take the issue to court to petition against the CP (mother here) for withholding visitation. In this situation, the NCP should continue to pay the child support faithfully and punctually as while this is NOT suppose to factor into visitation, it does look good when standing in front of the judge. (MORE)
If a 16 old girl is pregnant does her father stop paying child support to the mother and can the 16 year old collect child support from the boyfriend in the state of kansas boyfriend is 18yrs old?
Answer . No and No. This is ludicrous at the very best. The father is paying child support because of a court ordered decree when he and his ex-spouse ended their marriage. The father continues paying until the daughter attains the age of 18. To expect the 16 year old boy (also a child in a …legal sense) to pay child support is ridiculous and beyond belief. (MORE)
Am you legally bound to pay child support for your 16 year old pregnant daughter in Kansas who has moved out of her mothers house?
I would say that it depends on the situation. If the child has moved out and is independent of the mother, than I would say no. child support is for the child not for the mom. In another light, you may need to pay the support to the child directly into an account of that particular child. i may be w…rong. this is a question for a lawyer. Make sure you look at the child support laws for your state also.. Good luck dude! (MORE)
A man and a woman were living together unmarried and he took care of her daughter for ten years and he has been the only father the child knows can he be legally obligated to pay child support.?
That was good faith ;but he is not the biological father and no court will make him pay for being there as a father figure. Main thing , he is not the biological father. That is the one that needs to pay the 10 years and from now on. A lawyer and the court can help with this.
You need to talk to a lawyer to hammer this out. Theoretically you can be required to pay child support but also not have visitation rights; it depends on the custody arrangement you have with the child's mother. If you don't have a custody arrangement, then the lawyer can help you set one up.
16 year old is a way kid, not a father. Those impregnated kids are making their own situation and never say sorry about what they did, never think they are useless, nothing but a problem to society and God, so those kids should know everybody think they should be dead by putting them into death sent…ence. (MORE)
Child support and visitation rights are two separate issues and they are addressed separately. The father's paternity must be legally established in court if the parents are unmarried and the mother seeks child support. Once paternity has been established, the court will issue a child support order …based on state child support guidelines. In addition, once paternity has been established the father has the right to petition for a visitation schedule. If the father fails to pay his child support he is still entitled to visitations. In that case, the mother would need to pursue the child support arrears by filing a motion for contempt of the child support order. (MORE)
If the mother isn't receiving any kind of assistance from the government, she can waive the right to child support from the father, but it wouldn't be in the child's best interest. Child support is the child's right, not the mother's. If the mother were really well off financially, or if she didn't …want the father anywhere around the child, she could waive the child's right to support. The father has a responsibility to help take care of the child he helped bring into this world. Clarification Generally, in the US, a mother cannot legally waive a child's right to support from their father. A child is legally entitled to be supported by both parents. However, the mother can choose to not involve the court if the parents were never married or if there will be no divorce action filed. However, if the mother doesn't want the money she should put in a college fund for the child. (MORE)
If the mother deprive the father the right to see his child and he pays child support what are will the courts do for legal relief for him?
If the father has visitation rights and the mother refuses to allow the father those rights, then the father can sue the mother in a civil contempt proceeding. If she doesn't have a good reason for disallowing the visitation then she can be held in contempt of court. There are various remedies inclu…ding giving the father more visitation to make up for the visitation that was disallowed by the mother or even giving the father custody, but usually, the judge will just order the mother to allow the visits. His paying or not paying child support has nothing to do with whether or not he gets visitation (i.e. he gets visitation regardless of whether or not he is current with child support). (MORE)
Child support would generally go to the person raising the child. Mother might even be ordered to pay to father.
Can an 18 year old mother sue the 16 year old father of her baby for child support if he won't help with the baby?
No he is a minor just like that baby will be. That boys mother has all control of him. If he got arrested he cant go to jail because he is a minor. Its his choice not to take care of it. The person who gave this answer is an idiot and I'm surprised they can even work a computer. 16 year olds go …to jail all the time and yes if they have a child they can be made to pay child support. (MORE)
Can a mother in Arkansas make her children's father relinquish his rights if he is three years behind on child support and has multiple drug charges?
No, she can't make him do it, but she can petition the court to terminate his parental rights. The court may or may not agree to do it. There's not enough information here to hazard a good guess.
Is it legal for a mother to collect child support while the father is living with her and the child?
It depends on the state. In most states the father would still be required to pay child support, even though he is living with the mother and the child. However, if the father was financially supporting the mother and child, it's likely that the courts would suspend the child support order.
If back child support was owed at the time of the mother's death then any payments still owed would be paid to her estate to then be distributed to her heirs.
If the father does not pay child support for more then a year can the mother get full custody or can she get the father's parental rights revoked?
Yes as the father has become a defaulter then the mother can get full custody and have the parental rights of the father revoked.
I am 16 and living in NJ with my mother We both have my fathers last name I am willing to pay the fee to legally change my last name but does this stop child support?
No, but the father can stop the action from being done, plus it sounds like he should file for custody due to Parental Alienation Syndrome. see link
He can still be ordered to pay. But, if you were the father, than nothing.
If a father is paying child support and health insurance on children but has had no contact with mother or children since the children were born what are his legal rights?
He has the exact same rights to the child as the mother does. Don't let the mother or ANYONE tell him any different. All he needs to do is contact an attorney or legal help service and file a parenting plan. They will guide him through the legal rights to help serve a parenting plan giving him the… option to be a part of his child's life. (MORE)
If a mother has legal and physical custody of a child and if she dies and leaves her child to her mother in her will can the child's father obtain custody of the baby or will her mother?
United States State laws vary widely in the United States but in almost every state the biological parent has sole rights to custody of the child. If a custodial parent dies the surviving natural parent will normally be granted custody of the child unless they have already been deemed an unfit …parent. If the grandparents want custody they would need to prove in court that the surviving biological parent was unfit to take proper care of the children. The grandparents have a better chance of success if they can prove the surviving parent was not involved in the child's life and that they had a parent-child relationship with the child, took the child to normal activities such as doctors appointments or school and they cared for the child over extended periods. That is why the US returned a little boy to his father in Cuba when his mother died while bringing him to America. This was done even though the parents were divorced and the grandparents fought to keep him in the US (MORE)
If Father wants to keep his 3 year old daughter overnight does he have a right to do this if the mother does not agree. He does not support his child financially.?
He is the father and not to allow him his child would hurt the child. Take him to family court for the support.
Does a father in MI have legal right to visit his child if he is paying support to his child's mother?
Payment of child support does not automatically confer a right to visitation. I suggest that you file a motion in the appropriate court to compel visitation. . SEE LINKS BELOW
In Texas. Does a father have to pay child support if he was served 11 years later and wants to give up his rights but the mother is receiving assistance?
Yes, though generally the retroactive amount is limited to five years, if she's been on assistance longer than that, Welfare could attempt override the limit. You cannot give up your rights without someone else adopting, but even if approved, you would still owe the 11 years. Judge David Grey Ross, …Commissioner of the Federal Office of Child Support Enforcement opposed the program for these type of orders, and a growing number of judges are agreeing with him, but they would be tempting a judicial complaint when they do. In these economic times, the gain financially by these orders, as they gain 15% annual in matching funds from the Feds, under the Mondale Act. If you have a net income of $1500, you child support will be $300, times 11 years, and you owe nearly $40,000 in child support. But, that's the good news. I believe the Texas interest rate on arrears is 15% (rates range from 3-15% depending on the state), which brings the totaled owed to $75,000. They charge you the interest after the principal is paid, so if you don't immediately pay it, than it will continue to accumulate interest each year until paid. Further, they will get $35,000 from the Feds on the initial claim, plus 15% a year of any arrears you will owe. Of this money, the states use only about 50% on child support enforcement. The rest is kept in the General Fund to pay other state expenses, so it benefits them to see that as much child support is ordered as possible. See links below on your rights and where to go to from here. (MORE)
Generally, the custodial parent or court appointed guardian would need to file a complaint for child support.
If a father terminates his rights can he collect child support from the mother if the child lives with him?
if the mother terminates her rights can he collect child support from the mother if child lives with him?
If a child is fifteen years old and decides to live with their father who has been sending child support to the mother before is the mother now legally bond to send the support to the father?
First, the child does not have the right to make that decision, so the mother is not obligate to send the money. Only a court can approve the child can live there, than reverse the order. see links below
What legal right do have if the mother is receiving child support for a child that is not in her care?
If you are the father, file for custody. As for the child support, until custody is decided, request the payment be sent to whomever has the child, plus that the mother be ordered to pay. see links below
Depending on the state, she has until the child turns 18 to 23 to file for up to 18 years retroactive support.
Can a father stop paying child support if the 16 year old child has a baby and lives with the boyfriend at the mothers house?
Only if it is ordered by the court. You can not decide on your own!
If a Grandparent or another relative has the child, the support should go to them , and you may need to amend any custody and visitation issues as well.Talk to a lawyer.
In general, parental rights are terminated either preparatory to an adoption, or after a trial in which it is determined that the parent is unfit. In any case, termination of parental rights does not, in itself, terminate child support.
The fathers name is not on the birth certificate and he has not paid child support for 16 years. Does he have any right to the child?
If he can prove that he is the biological father of the child, he can seek custody or visitation rights, regardless of whether or not he is on the birth certificate or paying child support. In fact, if he is the biological father he can legally have his name added to the birth certificate. However,… if he has not been around for 16 years, it is unlikely that a judge will grant anything more than visitation rights, and the child is old enough to have a say in whether or not they want visits from their father. (MORE)
What happens to child support payments if the mother dies and the child will not live with the father?
In simplest terms, the child support goes with the child. Most often it is not a matter of the child's choice with whom he will live. If the father has been making child support payments to the mother, and the mother dies, but the father still retains parental rights, the child automatically goes to… the father's custody. If the mother has made guardian arrangements and the father has agreed to these (signed off), then the child support payments will automatically revert to the named guardian. It might require some adjustment on the part of the courts, but it is pretty automatic. If the father for what ever reason has lost parental rights, and the custodial mother has not named a guardian, the child will be placed with the next nearest relative, or if one cannot be located or none suitable are available be placed in foster care and the child support will go to the state. Child support follows the child. (MORE)
If you're the father, and the mother is attempting to deny you visitation rights, you need to get a lawyer and take it to court. If you're the mother, and you'd like to deny the father visitation rights, you need to get a lawyer and take it to court. Child support is an entirely separate issue. It… has NOTHING to do with visitation or custody rights. You are obligated to abide by the court orders in both cases, but you don't get to stop paying support or deny visitation just because the other parent did the other one of those things. (MORE)
Each state has their own way of handling paternity, but in Indiana (and probably most other states) the father can petition for paternity, and then file for custody, child support, and parenting time. Basically, if the father wants to be a part of his child's life - then he has a legal right to p…ursue paternity and secure his parental rights. You can throw up some legal roadblocks to make things more difficult for him, but you do so at the potential risk of losing some parental rights if the court finds that you have been acting maliciously. Unless you have concrete reasoning for wanting the dad out of the picture - try to rethink your approach and consider that maybe the child wants to know his/her dad. I know that this reasoning is sometimes blurred and blown out of proportion when in the midst of a custody dispute, but life will be easier for everybody involved if both parents can work together for their child. I should know since I have been the father in this type of situation. I now have joint legal custody and have my boy every single weekend. (MORE)
What happens to the child support payments when the mother of the child dies and the father has legal joint custody?
Presumably the father will take full custody of the child and he should notify the court of the death so the child support order can be terminated. Presumably the father will take full custody of the child and he should notify the court of the death so the child support order can be terminated. Pr…esumably the father will take full custody of the child and he should notify the court of the death so the child support order can be terminated. Presumably the father will take full custody of the child and he should notify the court of the death so the child support order can be terminated. (MORE)
Sure or the courts can involuntarily terminate them, however in doing so, that would only terminate the father's right to see his child or have any say-so in their lives. It would not terminate his child support obligation unless the child is being adopted, either by another party or the mother's ne…w spouse. (MORE)
Does a biological father have to pay child support to the biological mother if she doesn't have legal custody?
The answer to this question is very delicate, for two reasons. First, a lot of people use the terms "support" and "custody" without fully understanding that the legal meanings of those words are not necessarily the same as their meaning in ordinary use. Second, each state has its own laws, so we can… only give you a general answer based on the "usual" state. You really should consult a lawyer if you want a definitive answer. That said: If by "support" you mean "child support" and by "doesn't have custody" you mean she actually doesn't have the child whatsoever (legally and physically), then no, the biological father doesn't have to pay support. First of all, we need to split child support from maintenance. Maintenance is another form of support to which an ex-wife might be entitled regardless of whether there were children. I assume for purposes of this answer that you mean child support, so I won't address maintenance issues. Child support is something that is paid from one parent to the other parent because that parent has primary or residential custody of the child. The mother does NOT need to have sole or exclusive custody in order to be entitled to child support. If she has joint custody, but is the primary caretaker/residential parent, she is still entitled to child support. (This trips a lot of people up. They think because the mother doesn't have sole custody, they don't have to pay child support.) If the father's situation is one where the mother doesn't have any custody then she is not entitled to child support. Even if she has legal custody, but has put the child in the hands of someone else (usually other family members), she is still entitled to child support if she is the legal custodian. On the other hand, if the father is sole custodian, or is the primary caretaker/residential parent, the mother is not entitled to child support. If the father still thinks, based on this answer, that the mother is not entitled to child support, he should NOT stop paying. He should petition the court that issued the child support order to modify that order due to a change in facts/law. If he just stopped payments, he would get in even more hot water. Answer No. If the biological mother does not have legal custody of the child the court will not enter a child support order with her as the payee. However, the father can be ordered to pay child support to the person who does have legal custody. (MORE)
The answer depends on many factors including the laws in your jurisdiction and marital status. Generally: . If married both parents have equal parental rights over the child. . In the case of a divorce, if the parents cannot agree on a custody arrangement the court will issue a custody order ba…sed on physical and legal custody and visitation orders. . If the parents are unmarried the mother has sole custody until the father can establish his paternity legally. Once he has established his paternity he can petition for custody and visitations. (MORE)
What rights does a father have if the mother of his unborn child leaves the state and denies him the right to care for his child and then comes back 6 years later suing for child support?
He has to prove paternity in court to get his parental rights. He can then petition for custody, visitation and pay child support and also petition to sign the birth certificate. He could have done this 6 years ago when the child was born. The mother cannot deny him his parental rights. Now he will …have to pay child support and he can even owe for 6 years back. (MORE)