If the mother and father are talking to each other it should go this way.... Father goes to court and files a custody petition. Mom does not oppose the petition and custody is granted to the father. Visitation can be undeclared "at times that are mutually agreeable to all parties." Or visitation can be set in a court order.
More details would be needed here obviously, but if a court had already granted custody to the mother, then yes, the father would need to petition the court to change custody to the father for whatever various reasons (mother a drunk, unsafe environment, etc.).
She will not have any custody to give since she no longer have parental rights. The father have to go to court to petition for custody as soon as he has established paternity through a DNA test.
If the original decree gave full custody to the father, then only the father can relinquish said custody. You will need to hire an attorney to figure out the legal implications required to take on such a task. But is it possible to give away custody of her without going to court? All my mom did was sign papers and send them to my dad who has not even filed them.
Yes, if the court deems him a risk to the child.
No, not without modification of the court orders regarding custody. Your parents must adhere to the custody order issued by the court. In order for you to live with your father, your parents must return to court to have the custody order modified.Perhaps you and your parents could work out a new visitation schedule together so you can spend more time with your father. It may be easier to get more visitation with dad rather than a change in physical custody. Try talking to your mom about it a some time when things are going smoothly. Tell her how you feel and why and give her the chance to explain her perspective on both a new visitation schedule and the possibility of your living with your father. If she isn't agreeable to the change in custody or a new visitation schedule then your father would need to take her to court to try to get the court to issue a new order.
Yes, but the father can file a challenge. Why not give him the children?
If Dad has custody, not only does the 16 year old not HAVE to move with Mom, the 16 year old CANNOT move with Mom. That's how custody works. If Mom wants to take the 16 year old, Mom will have to go to court and obtain custody first (and, especially if the 16 year old doesn't want to move, which from the way the question is worded I'm guessing might be the case, she's not terribly likely to get it).The answer depends on the details and whether there is agreement between the parents. If the father agrees to (or has requested) the change in custody the parties must petition the court for a modification of the custody order. Mother must also seek permission from the court to remove the child from the state. She would need legal custody to enroll the child in school, insurance and to obtain medical treatment.If the father does not agree the mother must petition the court for the change in custody and residence and the court will render a decision that it deems to be in the best interest of the child.
In most cases, a child cannot choose to move in with a parent against a custody order until they are legally an adult. The child may express their preference to the court, but the final decision will be based on the best interests of the child. It is important to seek legal advice for guidance in this situation.
Sweetheart, your mom will be charged with kidnapping unless she sends you back. If your father have custody of you there is a court order that has to be followed. As a runaway your father will report you and the police will bring you back. Anyone who helps you and knows you are a runaway can be charged with aiding a runaway. Now, if your mother wants you to live with her she will have to petition the court for custody. And whatever reason the court did not grant your mother custody must have changed. If they do not live too far apart she can ask for shared custody. So speak to your mom. You can not decide where to live until you are 18yo.
If you live in the US and Mom has custody, then no, you cannot. But Dad can petition the court for a change of custody.
She can consent to a court ordered guardianship if she has sole custody and the father has no parental rights. If the father has any parental rights he must also consent.She can consent to a court ordered guardianship if she has sole custody and the father has no parental rights. If the father has any parental rights he must also consent.She can consent to a court ordered guardianship if she has sole custody and the father has no parental rights. If the father has any parental rights he must also consent.She can consent to a court ordered guardianship if she has sole custody and the father has no parental rights. If the father has any parental rights he must also consent.
No. Not without a court order.No. Not without a court order.No. Not without a court order.No. Not without a court order.
You could still live with your mom and your dad, but you need to leave when your 18 by yourself. But if you don't want to you could stay with your dad... if your mom lets you. That's what I think. Your mom can give consent and you don't have to go through a process, but yes you can emancipate at 15. Or wait it out until you're 18. if there's something serious going on just tell your father, too, and he can bring it up in court and get custody. What you're talking about is not emancipation. It's a change of custody. Dad would have to petition the court for custody.