no the father usally doesn't get custidy, Unless he fights for it and wins the case. no the father usally doesn't get custidy, Unless he fights for it and wins the case.
The parent with custody would file in the region where THE CHILD lives. Contact your local Attorney General's office. Interstate cases are complicated and better left to the professionals.
If the mother has sole custody of the child, then yes -- the father doesn't need notification. With joint custody, the answer may vary, but in most cases the father must be at least notified. The permission would be from a judge, not the father.
Yessee link
If there is joint custody of the child then the father should be told by the mother where she is going with the child and for how long. If the mother wants to live in another State the courts will have to decide visitation rights. Example: The father has may have the child one or two weeks during the summer; possibly Christmas or alternative Christmas', etc. If the father does not have joint custody then the mother can leave with the child to another State without his permission, but to be fair to the child the father should be informed unless the father has a criminal record; drugs, etc., and is an unfit father.
If they are legally married, the father gets rights until mother gets out of prison, after that it is up to the state. If not legally married, they go into state custody.
It is highly unlikely that a grandmother would be given custody just because the father lives out of state. If there are other factors such as abuse by the father then, possibly, but not certainly. The court would look at the case carefully and decide what is best for the child
My child's father left state for two year can he take my child for a week if i say no?
absolutely
sounds like kdnap to me. does the father have custody?
Yes if the father has joint custody he may leave the state with the child for a short period for purposes of a vacation.
No. You need to contact the state that has custody to determine your rights. If you go and get the child you may be guilty of custodial interference.
see links
This is a complicated question. A parent can ask a court to enforce a court order issued in another state even if the father and/or child live in another state. This process is generally referred to as registering a foreign decree. However, if the ex-wife wants to modify an order that was issued in another state and the father still lives in that state, then most probably not unless that state (where the father lives) declines to exercise jurisdiction. If this is about a custody issue, the Uniform Child Custody Jurisdiction Enforcement Act will dictate the answer and if it is in reference to child support then, the Uniform Interstate Family Support Act will dictate the answer to your question.
The mother. The father have to petition the court for shared custody.
Generally the law is not applicable when the other parent does not live in the starte.
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,
I assume you to mean after the child has resided there for six month, and jurisdiction has been transferred? It would require a custody challenge like any other. see related links