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You need to consult with an attorney who specializes in family law who can review your situation and explain your options under the laws of your state. Custody battles can be costly and you need expert advice about what you can ask for and what you might gain before you decide to file suit. After you meet with the lawyer, the next step would be a petition to family court.
You need to provide evidence to the court that there has been a significant change in the circumstances that led to the first parent being awarded custody or that the custodial parent is unfit. Unfit as a legal term is a determination that must be made by the state court. Every parent at odds with the other parent thinks the other is "unfit" so it's not simply a matter of opinion.
The factors used to determine that a parent is unfit are generally governed by state laws with child endangerment being the determining factor. The following include some of the reasons a parent may be declared unfit:
- physical, emotional and sexual abuse
- excessive discipline
- failure to protect the child from abuse by others
- failure to report abuse of the child
- neglect- failure to provide food, clothing, proper hygiene, necessary medical treatment, schooling
- failure to provide proper medical care
- failure to provide day to day parental care
- serious illness or disability
- mental illness
- substance abuse or addiction
- Alcoholism
- criminal activity and/or associations
- incarceration
- conduct or conditions that are seriously detrimental to the child
- abandonment
- child endangerment
- leaving the child unattended or in the care and supervision of a child
- a failure to provide adequate supervision
- unsafe living conditions
- a medical condition that makes it impossible for the parent to adequately care for the child
If the parties are presently in the process of divorce an experienced attorney is essential because the case will need to be carefully prepared and experience in a particular court is extremely valuable. The judge must have convincing evidence that father having custody is in the best interest of the children. The court will consider each parent's role in child rearing prior to the divorce action. Who provided the most day-to-day care? Who accompanied the children to doctor's and dentist's visits? Who went to teacher conferences, school plays and sports events? Who assisted the children to dress for school and prepare their homework? Who will care for the children while the parent is at work? If the parent has legitimate concerns that the custodial parent is incapable of caring for the children properly he/she needs evidence that will convince the court. However, the motive should be honest concern for the children and not avoiding child support or a desire to hurt or control the custodial parent. Your lawyer will review your situation and explain your options.
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If a mother has custody of the children but does not live with them what can a non custodial parent who wants the children do?
The non-custodial parent can go to court and request custody of the children. A judge will decide which parent should be awarded custody of the children. The circumstances under which the children are currently living, combined with the reason(s) they are not living with you will be a big factor in whether or not you get to keep custody of the children.
Can you move your children out of state if you have residential custody?
There is physical (residential) custody and legal custody. If you share legal custody with the other parent of if they have visitation rights you cannot move the children without the non-custodial parent's consent and/or court approval.There is physical (residential) custody and legal custody. If you share legal custody with the other parent of if they have visitation rights you cannot move the children without the non-custodial parent's consent and/or court approval.There is physical (residential) custody and legal custody. If you share legal custody with the other parent of if they have visitation rights you cannot move the children without the non-custodial parent's consent and/or court approval.There is physical (residential) custody and legal custody. If you share legal custody with the other parent of if they have visitation rights you cannot move the children without the non-custodial parent's consent and/or court approval.
Can a parent who has primary custody move with their children to another state if so what is the primary custodial parents responibility to the non custodial parent?
In some states, if the custodial parent moves more than 65 miles "as the crow flies" from the original address at the time of the custody agreement and does not get written permission to do so from the non-custodial parent, the court can (and sometimes will) remove the child and place him/her with the non-custodial parent. At that time the non-custodial parent will be given full custody of the child and even if the first parent moves back, they probably will not regain custody again.
Will the judge change custody over to the non custodial parent if the custodial parent went to prison?
The non-custodial parent should petition the court immediately to change the custody order.The non-custodial parent should petition the court immediately to change the custody order.The non-custodial parent should petition the court immediately to change the custody order.The non-custodial parent should petition the court immediately to change the custody order.
Can a judge change custody if the custodial parent is in contempt of current orders?
Yes. If the custodial parent is breaking the court orders the judge can give custody to the non custodial parent if he/she is fit.
What if custodial parent leaves child with grandparent?
The non-custodial parent can file for custody.
If a custodial parent is incarcerated does the noncustodial parent have the right to go and take custody of the minor children?
Whether or not the noncustodial parent has the right to take custody of the minor children if the custodial parent is incarcerated depends on the specific circumstances and any existing court order or custody agreement. In general, it is recommended for the noncustodial parent to consult with a family law attorney and go through the appropriate legal channels to modify or establish custody arrangements during the custodial parent's incarceration.
What constitutes custodial parent in reference to child support?
The custodial parent is the parent with custody/guardianship of the child.
Can the custodial parent change an order for custody of child occurring after custodial parent's death?
No. The court is the only the one that can change a custody order.
When custodial parent dies does noncustodial parent get custody?
Yes, they do.
Can custody be changed if the custodial parent removes minor children from the country in violation of a court order?
Yes
Who is the custodial parent when custody is fifty percent for each parent?
If the parents share physical and legal custody equally then whoever the child is with at the time is the custodial parent. Both have equal parental/custodial rights.If the parents share physical and legal custody equally then whoever the child is with at the time is the custodial parent. Both have equal parental/custodial rights.If the parents share physical and legal custody equally then whoever the child is with at the time is the custodial parent. Both have equal parental/custodial rights.If the parents share physical and legal custody equally then whoever the child is with at the time is the custodial parent. Both have equal parental/custodial rights.
