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Children and the Law

~14300 answered questions
Parent Category: Law & Legal Issues
The law has a special place for children and minors. This topic covers the laws designed to protect children from abuse.
If you are the biological parent then you must support your child until they reach eighteen years of age. There are very few ways to avoid your responsibility. Consider the following. If you don't have an income source you could petition the court for a temporary modification of the support order…
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ANSWER It is nearly impossible to do because usually men don't think to contest paternity, (she said I was the dad, she wouldn't lie), or they are unaware of the action against them and the time limit in which to contest paternity has passed. Even with about one third of kids having DNA tests turni…
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Answer He can request that his twin take a paternity test. If he refuses, he can always petition the court for one to be ordered. Fraternal twins do not have identical DNA, so a paternity test, would be accurate. IMO, the welfare of the child should be considered above everything else. Answer …
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I haven't heard of anything. I would think it would be Unconstitutinal - right to move about freely in the USA. Click here for a link to the State's Family Law Code www.SteveShorr.com/family.law.htm in have a friend who's custody in southerna California includes that neither can travel outside o…
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Opinions from Contributors:Opinion You must reinforce the concept that they are not entitled to do whatever they want to do and whatever they want to have.Know where they are at all times. If they say they will be at a friend's house call to check in with their parents. At this age, they are frequen…
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Some states will allow a biological parent to relinquish parental rights in situations other than adoption proceedings. However, relinquishment of parental rights WILL NOT release the petitioning parent from financial support unless the child is officially adopted. Financial support in most cases in…
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Yes, the father does have to pay child support married or not. As long as you ARE the father. If the father is ordered to pay child support by the court, then that order stands until the child is emancipated or if the order is modified.
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Yes, all parents are responsible for the financial support of their children. The mother can and should petition the court at any time for a child support order. "Helping" is not considered paying child support which is a weekly obligation that the parent with physical custody can depend upon and fi…
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The laws vary by state, so it depends on where you live. For example, in Alabama, Alaska, Arizona, Iowa, Michigan, etc. it is 16. In some states you're required to attend school until you're 18, graduate, or pass the GED (which ever comes first). Also, keep in mind that in many states if you quit sc…
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you can move out at 16. My daughter in NC, moved out at 16 yrs of age. I was legally obligated for any debts or problems she incurred, but I couldn't legally make her come home.   If a parent does not wish a minor to leave the parental home and the minor is not granted emancipation rights …
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Only the court can terminate parental rights permanently. An absentee father is not bound by any time limits on when he may seek visitation or even custodial rights concerning his child/children, the exception is a court ajudication of abandonment. The issue pertaining to changing a child's name, it…
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I would certainly question the violation of privacy rights by any school that used email correspondence. A "girlfriend" who is not the biological parent. Has no legal or ethical right to information of minor children. If the a parent gave permission, and the school released such information, the oth…
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Joint Custody and Child Support Joint legal custody has no effect on child support. With joint physical custody there is still a payment of child support from the higher income parent to the lower income parent, usually determined by a sliding scale based on time with each parent (procedures vary am…
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There is a great degree of variation among states. Joint legal custody is routine in some states, but joint physical custody is not, and the factors considered by the court for joint physical custody vary significantly among states. Anyone considering joint custody should contact a local attorney re…
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It goes by a % of the father's monthy income, I believe it's around 25% for the first child, and 17% for the second. Like, if a man makes about $900 a month he will pay about $250 a month. If you have 50/50 joint custody there shouldn't be any child support payments, just the 50/50 shared expenses …
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Moving Out of StateThis is all dependent on the State in which you live. I am a paralegal and also a mother that has joint custody with the father and I have legally removed my children from the state where we all lived. There should be a portion of your Parenting Plan/Domestic Relations Affidavit t…
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By law, you must both go up to the location where they will issue a passport and both parents must sign a statement saying it is okay. If you have documentation that shows you are the custodial parent, you can have your child "red flagged" with the government and this way if he were to try to get a …
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If there is an order through the courts for you to pay child support...then you must pay child support! If circumstances have changed since the last order was made by the court, you need to go back to court and have the support and custody orders modified. If you just don't want to pay child suppor…
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YOU cannot deny any custody or visitation. Only the court can make an enforceable decision regarding these matters. State laws vary. If physical abuse is the case, the custodial parent will need a record of the abuse and should call the police, take pictures to record the effects, and try to have …
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In most cases, yes. The parent with sole custody must however inform the court that issued the custodial order and the non custodial parent before the move. The non custodial parent will be given the opportunity to contest the move if he or she so chooses. In most cases a move out of country is d…
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Yes they do. That's why you have sole custody. I would check with your local family court to see what the laws are exactly.
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You can prevent the other parent from see the kids.First of all How old are they? If they are 12 or close, they probably can decide through mediation if they want to see the non-custodial parent. You have to take him to court and change the current orders. You will be given a mediation date first. I…
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Last year I took my daughter on vacation with me to Mexico. Her father and I were never married and he has no legal custody or visitation, but it was necessary for me to have a notarized letter of consent stating that he was okay with me taking her on vacation. We also both needed to be present for …
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ABSOLUTELY NOT!!!!!! With joint custody, both parents have rights and your son needs to find an attorney to make sure she doesnt move the child out of country.
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Support and Custody are separate. So yes if you are behind on child support you can still petition the court for joint legal custody. You would need to show some significant change in circumstances from when the current custody order was entered. However, your failure to pay child support would not …
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That will make the court process easier. The other parent can sign their consent for you to have sole physical and legal custody. The judge will usually sign it with advice that the parent without custody maintain a relationship with the child by regular visitations. The court may set up a visitatio…
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The child cannot opt out in most jurisdictions until they reach eighteen years of age. If the non-custodial parent has court ordered visitation and the child does not go for those visits, then the custodial parent can be held in contempt of court. If there is a legitimate reason why the child does n…
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%DETAILS% The first thing you need is hard proof that your child would be in danger when he is left with his father, witnesses, police reports of past incodents, you can even ask for supervised visitations, so your child will never be alone with the father. Good luck!   I have temp custody…
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I have custody of my ten year old daughter and am living in Edmond, Oklahoma. My ex lives in Tulsa, OK. I have lived in Edmond for seven years now. The current custody arrangement has been in place for five years. I have received a job offer in Colorado. I would like to move but do not want to risk …
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It all depends in what state you live in, but if the father wants to fight it he very well can and quite possibly win.   Even if Dad doesn't win, it's possible the court might order you to pay all travel expenses so that Dad can maintain his visitation, which can get expensive.
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Answer Primary physical custody refers to the parent with whom the child resides with the majority of the time but, joint custody has been granted. Sole custody is when the child resides solely with the named parent giving that parent the legal right to make all decisions (medical, educational, …
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Is the parent assisting with child support through a court order? Go that route first. Money does matter when raising kiddos. (If the parent still refuses to make contact or speak to the kids, who cares about them? The children may be better off without this loser in their life!) Right now I am goi…
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Sure, it could be positive and I'm sure the courts would enforce visitation for more details visit family law. This could really hurt a child. Why after say a year or 2 or 5 even should the other parent start coming around? If they really wanted to see their child they should have a long time ag…
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The first thing is there an order set up by the judge for there to be visitations? If so, and you are not getting the visits with your child then you need to contact the court and file a motion for contempt of the visitation order. They will schedule a hearing and may issue a new order. After repeat…
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It depends on what the activity is, which parent has legal custody, existing court orders, good judgment, safety, a whole host of factors. The parents should discuss the issue and come to an agreement. If it's a dangerous activity that results in damages and costs then the answer may be yes. The sit…
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Best Interests of the children. Are you talking about physical custody or legal custody? Visitation schedule?Hopefully the parents can work it out in concilation court.for more details see steveshorr.comANSWER:: my parents are divorced and live three hours away from each other and have joint custody…
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If you have shared custody, I think you both have to agree upon where the child goes, especially since education is a major decision. Is the elementary school far away from each parent's residence? Why wouldn't the ex-spouse want the child to attend the school where the father works? Whatever is bet…
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What does the legal paperwork state? If you are legally bound to request permission from the other, then I would follow that before taking the vacation. Parents who are sharing their time respectively with the child should also provide optional visitation times if the vacation takes any of the visit…
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This would be a change of circumstances. What are the best interests of the child? If the father wants to contest it - I think he has a good case.   Yeah it definitely deals with a modification of a custody arrangement. I believe that the death of one parent would enough to satisfy a material…
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Yes. The best interests of the children would be the court's focus.
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That depends very much on the maturity of the kids. It's always a crapshoot wondering how the kids will turn out. The only constants are: -Always let them know that the parents divorced each other, but neither one divorced the kids. -Never use the kids to 'get back at' your ex... even if she does. D…
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It would be very difficult to find a judge would would grant custody to someone with no means to take care of the children. The father could reapply for custody at a later date if he improves his situation.
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Minors are not allowed to choose with whom they wish to live. In some cases the judge will speak with the minor child and may or may not consider the information gathered in the interview when making a custodial decision. Custodial decisions are based upon the best interest of the child and not up…
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Child support is normally calculated for the entire year based on a formula that already takes into account the parenting time the non-custodial parent and then is spread across the entire year. So the non-custodial parent has already received a credit for those three months of parenting time. This…
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Here's the code for CA - Tenessee is probably similar. What are the best interests of the child?3042. (a) If a child is of sufficient age and capacity to reason so as to form an intelligent preference as to custody, the court shall consider and give due weight to the wishes of the child in making an…
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No. They should have a signed and notarized statement from you giving permission for them to leave. Call a Customs office for details.   Depends. Though not an expert, I'm rather certain it depends on your custody status. The man being your ex-husband alone doesn't necessarily mean he either …
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yes,if he has had little or no contact with the said child/dren,also you can call it abondement no intrest in the child. with the child/dren with you ,you have primary custody as of right now. but, if it comes to court bring evidence such as utility bills that have a change of date on them that was …
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I've sat in the courtroom and watched parents arguing over that very issue. I myself took my X to court to have her ORDERED to sign Navy ROTC forms, as the Navy required BOTH signatures.For more info. see www.steveshorr.com/custody.htm
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Answer Yes. The long distance visitation schedule would be followed. Depending on the age of the child(ren), the court will award based on who is more stable and able to provide for the child. The court will also consider who is more able to execute visitation. The custodial parent will be respon…
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In most states, the courts will not allow you to "sign over your rights" unless it is for the purpose of adoption and another person has agreed to become financially responsible for the child. If someone is adopting the child, signing a consent for the adoption will end all obligations but will not …
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There is no standard. The policies vary from state to state and from jurisdiction to jurisdiction. There are no universal standards in family law. See the discussion page for some examples from various jurisdictions.
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This is an issue which should have been addressed in the original support agreement. If there is no stipulation as to how support should be administered when the children are with you. You are still obligated. You can however, have the order modified to read, that when you have physical custody the …
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Is there a restraining order in effect against you? What is the reason your sister gives for not allowing you to see your father? Is he able to make decisions for himself or is she his legal guardian? All these questions play a part in your situation. She can keep you from coming to her home, as tha…
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It depends on what state you are in. The state determines how child support is calculated. Now, if you each have 50% residential time with the child, then no support may be due, however, if the child lives primarily with one parent, then the parent that the child is not living with is required to pa…
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If there is a court order in place requiring you to pay support the answer is obviously..Yes. If the children have been removed by CFS or whatever it is called in your state. You will be notified at the hearing as to your financial obligations. There is always a Family Court hearing whenever childre…
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Any time a parent releases custodial rights it must be done through the Family Court. If this other man is the child's step parent then Dad can voluntarily terminate his parental rights through the court and then step dad can adopt the child. But Dad can't just sign his rights over to any other man.…
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Probably not, I tried. For more information see CA Family Law Code 7822 http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=07001-08000&file=7820-7829If you want the Case Law - send me an email - www.steveshorr.com7822. (a) A proceeding under this part may be brought where the ch…
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Visitation Denial Part of the problem with getting visitation enforced is knowing what to do to prove your case, and how to remind the judge of their responsibilities. Let me start with the judge. Always take people with you to court who are not there to testify. Make sure they are sitting where…
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They can't simply "give the child to you." You need to return to the court and have the custody order modified so you'll have legal custody. It will go easier if the current custodial parent consents to the modification. At that time the current support order should be terminated and you can reques…
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Family Court when deciding issues such as child support, takes many factors into consideration. Where the child(ren) live for the majority of the time. Which parent has the largest expendable income. How joint custody is set up. For instance, if the child(ren) live with you during the school year. B…
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I live in Ohio and I do believe the child in question must live with the parent MORE than 50% of the year for that particular parent to be "the Residential Parent". In my case, it was described in the Divorce Decree that I was to be the sole custodian and residential parent.If you need further info,…
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In most states you do. There are forms you can find online and have both the father and the mother sign them in front of a notary. I have done it in my case just as a safety measure.
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IF Months go by, and you havn't heard anything from the father, they really seem more interested in YOU then your child, don't call or anything on birthdays or Holidays, and personally won't claim the child... its all a mind game,they can't afford child support, and we find ourselves kicking ourslev…
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The first thing you need to do is get a paternity test preferably a DNA. Even if you are positive, the court will want solid proof. Family Court is concerned with what is in the best interest of the child. And doesn't view him/her as a possession that can be "given" to anyone.   The first thi…
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How often can he come back to visit? Does he have an apartment in town? What is the best interests of the children? What does he propose? Is the x-wife agreeable? Have they been to concilation court?More details at GRANTING CUSTODY
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the best defense is to have some physical documentation stating that you are indeed the father. once you have this get a lawyer to argue before a judge that this move would not be in the best interest of the child and due to physical constraints you would not be able to be a stable presence in the c…
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No. Not unless the state of your health prevents you from being able to properly care for your child(ren), or you are in someway not using the drug(s) as prescribed.
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Unless you have a very rare last name (not a Johnson, Smith, etc.) and she has not put your Christian name (first name) down on that certificate there is nothing you can do. If she has, then you need to get a genetics test done to settle this once and for all and have the courts remove your name fro…
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If a parent wishes to relinquish custodial rights it must be done through the court. Actions such as described obviously can happen, but threats and intimidation of anyone (especially children) is not advisable and certainly not acceptable. The welfare of the child is what is important. The custodia…
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Yes. I doubt that any judge of Family Court would buy the "only once" defense. All of the judges, social workers, etc. I have encountered stick to the "Past behavior is a true indicator of future behavior" rule.
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First of all how many children? This will play a big role in determining. As long as there are adequate sleeping arrangements and the roomate is not detrimental to the child's well-being, there is no reason you would be denied joint custody.
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I HAVE PRIMARY PHYSICAL CUSTODY OF MY DAUGHTER. SHE IS 12 & DID NOT WANT BRACES. HER FATHER DID NOT WANT HER TO HAVE BRACES EITHER. I HAD BRACES PUT ON ANYWAY. I KNOW SHE WILL APPRECIATE IT WHEN SHE IS OLDER. HER FATHER PAYS CHILD SUPPORT & IN OUR COURT ORDER IT STATES THAT HE HAS TO PAY 50%…
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%DETAILS% Yes. For more info. see GRANTING CUSTODYDid the parent keep in contact with the children?   Here's the incarcerated prisoners manualhttp://www.prisonerswithchildren.org/pubs/ipm/toc.htm
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There is no way the legal father won't get custody if you die first. Unless it can be proven by your mother that the child is living in physical, mental, or emotional abuse. Or the father signs all his rights away to you before you die.   It is my understanding that if a Father has supervised…
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California Custody Decisions If both parents are equally acceptable in the opinion of the court, the request of a teenager would be given serious consideration. Check out Family Law Code 3042. (a) If a child is of sufficient age and capacity to reason so as to form an intelligent preference as to c…
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That would depend on why social services is investigating. If it is neglect, abuse or something of that nature suspected on the part of the other parent. Then you probably could justify not allowing that parent their visitation, or supervise it. However, the custody agreement is binding unless a pet…
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Nothing. In Kentucky the primary custodian can move the children without the other parent's permission. (at least that was the law in 2000 when I moved out of Kentucky with my kids). My attorney actually told me to because I had been in an abusive marriage and that was the only way for me to really …
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No she can not drop child support. But she can go and get a prosage package. That reduces the amount of money he has to pay for child support. If you don't want him to pay child support at all then why don't he pay it and you give it back to him yourself the next time you guys see each other.  …
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A person can sue for almost any reason. Whether or not it is a justifiable case is usually the question. Was there emotional and/or physical injury to the plaintiff? Was there any monetary loss? What purpose if any would litigation serve. Lawsuits are not, as a rule timely, inexpensive or even the s…
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Your parent must request a modification in the court ordered custody. In virtually every state in the USA you can not choose which parent to live with as long as you are a minor. When parents are divorced the court issues a custody order that addresses both physical and legal custody. Sometimes the…
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Generally speaking, a judge will consider a 14-year-old's wishes. Of course, that doesn't mean that the judge will agree to whatever the child wants, it just means the judge will take the child's wishes (along with other things) into consideration when making the final decision.
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If you were never married to the father of the child(Children) custody HAS NOT been established. You must go to court and have custody determined. My child lived with me for 5 Years. The father paid support to the state of Missouri Which I entern received, and he visited on occasion. One weekend he …
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Most courts use the best interest of the child to determine custody. If the court awarded custody to the father, it determined that living with the father is better for the child than living with the mother. In most states, you can file a new suit to modify custody after the fact. You generally have…
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I believe that the wife can take you back to court for changes in visitation scheduling. She can take you back to court for obtaining clarity on the visitation which you have been granted.
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You would have to send 60 days advance notice about the move. The other parent will have the option to contest this or not. If it can't be decided between you then it goes back to court if you still want to move.
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The amount is determined by statutory child support guidelines in most jurisdictions or the department of social service in the state the child lives if the child is receiving financial support from the state.
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You will still have to pay back if any owed. After you sign you won't have to pay anymore because all your legal rights to the child will be terminiated.   If Mom agrees to let you voluntarily terminate your parental rights, then, no, you won't have to pay child support going forward (but wil…
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In most states no matter if it is an agreed voluntary signing over the father will still have to pay child support until the child is officially adopted. I actually went through this with my ex and they told him until our daughter is adopted he will pay child support.
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No. A minor cannot be removed from the jurisdiction in which the custody was awarded, without the permission of the other parent and the Family Court. In FL our lawyer told us it is the other parents permission OR that of the family court. But that both are not necessary to move with the child. …
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Answer Yes, because one day difficulties will arise and then if the other parent petitions first that parent usually gets what they want. One day one of you might decide to get remarried and that will cause several disagreements. As stated by the first answer, things can arise to create diffic…
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Sadly I'm going through this exact situation right now. I'm incredibly frustrated with the state and its law (Montana) because no one seems to care that he is such a horrible man. From what everyone has told me, the bastard gets rights, no matter what I think. If you are in a state like Montana its …
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don't do it i have been there and you can goto jail for kidknapping if the other parent wants to go that far and that will make you look bad in court so just put it off till its over and make sure you address this in court in front of the judge  The court would not look too fondly on you doing…
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Only if he owes back child support. This can be written in the agreement that all arrears be terminated and his rights will be to the child if he signs.
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Emotionally yes, legally no. If a child support order has not been adhered to, as orderd by the court, that is a legal matter. Sadly, a parent cannot be forced to take an active part in their child's life. It's doubtful it would be in the child's best interest, if it were possible.
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Visitation and child support are two different things. Legally you can't keep your child from visiting the father on that charge. Some fathers have gotten modified change of custody orders because the mother wouldn't allow visitation.
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File parental kidnapping charges. File contempt with state. If you know where the child is being kept and the other parent isn't there you can pick up the child at the babysisters.   We had this problem with my husband's exwife, she took them to IN for a summer visit and signed papers saying …
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I am sorry to say the outcome is not good. Once you settle into a job and have proven you are trying then your chances rise considerably. You can have visitation rights of course.Time to settle down and take on that responsiblility. Doesn't sound like you are all that serious about the custody of yo…
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It's possible the courts will allow it. However, if you agree to let him to give up his parental rights, then, generally speaking, you also give up your right to pursue him for child support. You need to check the laws in your state.
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No. Courts are very concerned that children have the opportunity to spend time with both parents. Unless there are mitigating circumstances, such as proven previous abuse. Even in this scenario, the court could order supervised visitation.
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This depends on the state. I know in CA, NV, TX, UT for a fact (and most other states are the same way). You can NOT take a child out of state regardless if you have full custody or not. I have always had full custody of my daughter and her father was not in her life. I still could not move out of s…
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