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Mother files motion for custody

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Q: How does a father who has custody of a child divorce and leave the child with the step mom child wants to be with bio mom child is 17?
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Can remarried mom leave custody of children to new spouse in Last Will and Testament when bilogical father is still living and has visitation and pays child support?

Can, but the father can challenge it in probate.


Is it a crime if a father forcefully take infant out of house without mother's consent?

If you mean that the father hit the mother, and that is the reason she left the father, then no, that is not grounds to obtain custody. The courts usually award custody to the mother, unless she is unable to care for the child, or if she has been proven an unfit parent. Hitting a woman, especially the mother of your child, may actually go against you in a custody suit against the mother, and the mother had every right to take the child and leave if the father of her child hit her. The courts may also look at it as if the father hits the mother, then he may hit the child, too.


Can a father with no legal custody have to consent to mother leaving state with child?

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.


Can a step-mother spank a child in Tennessee?

If the father has sole custody of a child, and agrees to let a step-mother spank his child then yes, she can. However, if there is joint custody it has to be an agreement between all parents, otherwise there can be legal repercussions.


If the mother leaves the country without consent is the father still responsible for child support?

Yes unless he goes to court to have the support order modified. He is responsible for that child regardless of where the mother is. However, he can get a court order to have the child returned. The mother has no right to leave the country without the father's, and court's, consent. Most countries in the Western World have some sort of reciprocal agreements regarding child custody.

Related questions

What if the father decides to leave state in the middle of a divorce and custody case?

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What can a father do when mother denies access to child in the UK?

they can divorce or the father can leave the family.


Can the father of your child with joint custody take your son out of state for vacation?

Yes if the father has joint custody he may leave the state with the child for a short period for purposes of a vacation.


If a mother and father have joint custody can the father leave the child with the grandmother when the father goes out of the country?

If it's his turn, and the court gave 1/2-and-1/2 custody. Maybe.


Can a mother take child from Indiana to California?

Mother or Father, but most states won't let anyone leave once divorce proceedings started until custody determined and then the custodial may do it if they have 100%.


Can a mother of a child move out of ny state with that child without biological father's approval?

it depends on your custody papers and what they say... if you have joint custody NO.... if you have residential custody maybe with court allowing it.... if you have sole custody then you would need to inform him but you could leave!!!


Which parent has more rights to the children?

If not married the mother naturally have custody and rights to the child while the father have to go to court to get it. If married the parents have equal rights.in case of divorce it's this the couple will have to agree or leave it to the court to decide.


In a divorce who gets custody of a child born in the US if one parent that is my wife is an a resident alien and wants to take them to Germany with her?

Getting custody and the right to leave the country are separate matters. see link


Does a father have the same legal rights to a child if neither has custody in Louisiana and the mother took the child to another state?

No. If you are not married the mother have custody automatically since birth. The only way for the father to get it is by proving paternity in court and he can then petition for custody, visitation and pay child support. Until then he can not stop her and the child form leaving. If you are married she can also leave with the child and so could you since you both have equal right to the child then.


Can single mother leave custody of child to another family member in her will if father is not on birth certificate even if paternity is proved?

maybe


Who has legal custody of a minor child when parents have never married in mass and can one leave the state without the others permission or will it be kidnapping.?

The mother have custody. The father have to prove paternity by providing a DNA test and he can then get his parental rights and petition for custody, visitation and pay child support.


Can remarried mom leave custody of children to new spouse in Last Will and Testament when bilogical father is still living and has visitation and pays child support?

Can, but the father can challenge it in probate.