If a father is seeking joint custody and the mother has been served court papers what rights does the father have until the case goes to court?

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  • It depends if you've made an effort to support your child. If you ran away from your responsibilities and didn't pay that child support then those are marks against you in the court system. If the mother refused to take any money or refused to see you the courts will take this into consideration. At the present time you have no custody at all, and unfortunately, you have no rights until this case comes before a court of law.
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If the court awarded custody of the child to the father on what grounds would the court give custody to the mother if she took him to court?

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 (MORE)

Does the mother of a child in joint custody have the right to take her out of state without asking the father?

Answer . Absolutely NOT! If you find that you need to move out of state, you need to file a motion to amend your settlement agreement with regards to custody issues. Most likely you will have to pay for the father's attorney's fees in order to do this and the courts do not have to allow you to mo (MORE)

Can a father who has joint physical custody of his sons be granted full custody if the mother is convicted and serves jail time for a DUI?

Answer . Possibly. It doesn't help her case at all to have a DUI. It doesn't hurt to take her to court over this. Also, you should mention that being away from the kids for 6 months has hurt their relationship. The kids shouldn't be confused with on-again/off-again relationships where sometimes (MORE)

Can a father who has joint custody with the mother stop her from moving to another state after they go to court?

Answer . \nIf there are not stipulations in the custodial order relating to the change of residence of either parent, the father can request the court to not allow the mother to move out of state with the minor children or grant him full or primary physical custody rights.\n. \nPlease be advise (MORE)

Can a father who has joint custody with the mother stop her from moving to another state with child Before they go to court?

Moving . In most situations, a custodial parent must notify the court of an intended out of state move, as it affects the non custodial parent's visitation rights. At that time, the non custodial parent can present evidence as to why they feel that moving the child is not in the child's best inte (MORE)

If there is no court order for custody and the father has physical custody how can the mother get physical custody of the child?

In the United States both parents have equal rights to thechild if they are married and not divorced and there is nocourt order. Generally, if the parents are unmarried the mother has sole custodyand control in most states until the father can establish hispaternity. Remember, a child's mother c (MORE)

Does a mother have a right to keep a child from her father if there has been no custody decided by the courts yet?

Yes, but only if there is no order, temporary or otherwise, that states that the father should have reasonable access to the child. While custody proceedings are pending, there is typically a document issued that requires some sort of visitation with the parent that the child does not live with. If (MORE)

Your little boy was just born and your no longer with the mother you want to be a great father what rights do you have to see your child until you go to court?

You must involve the Social Services to get any sort of access before a court case. They will be helpful as it is good you want to play your part in the child's upbringing and be a good father. You should also write or phone the mother to let her know your intentions and try and sort out some sort o (MORE)

Your 14 year old son has been physically and verbally abused by his father with whom you have joint custody Can your son petition the court directly to live with you 100 percent of the time?

In Florida, YES. Absolutely. In Florida the age of consent for residency or staying home alone is 12 or 13. At that age, get a hearing as soon as possible. The Magistrate will prefer to have evidence of a better lifestyle or good grades...good job...own room, then file for sole custody and child sup (MORE)

If father with joint custody of baby got a DWI should you tell this to your court mediator?

My answer would be YES!! Chances are, they will find out anyway and coming from you first will make it better for you. Whether or not it affects your custody depends on many things - if this is NOT your first DWI, if the baby was endangered at the time of the DWI - many things. But, better to come c (MORE)

Can a father take his child from the mother when court papers are absent?

For single fathers, with the exception of Arizona, no he can't as he has no legal right to the child. If the parents are married, but separated, than he has equal claim on the child, but this would not prevent the circumstance of the mother filing a parental kidnapping complaint. Male police officer (MORE)

What rights does a father have without court papers?

A married father has the same rights as the mother, but single fathers have nothing until granted them. Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Remember, a child's mother can always be identified (MORE)

If the father has court ordered custody can the mother fight for custody?

Yes, a mother can fight for custody. Unfortunately, the courts are going to tell you no, if you can't prove the change in custody is beneficial to the child's well being. There were reasons why the father was granted custody in the first place. Generally, there must be a change in circumstances (MORE)

Mother filed false allegations with the the court regarding the father and the court gave custody to the grandmother. What rights does the father have?

The father had the right to appear at the hearing and be represented by an attorney. Then he had the right to dispute the charges and his attorney would have helped him insist the mother provide compelling evidence to support the charges. That's the purpose of a court hearing. The judge hears all th (MORE)

What rights does the father have if the mom is in jail and they had never been to court for custody before?

Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Remember, a child's mother can always be identified by medical records. Since the father didn't give birth and he was not legally married at the time of the bi (MORE)

Can the mother go to the father and get her child if there isnt a court order saying who has custody?

Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Remember, a child's mother can always be identified by medical records. Since the father didn't give birth and he was not legally married at the time of the bi (MORE)

Can a 18 year old win a court case against her guardian with full custody or either physical custody with a father who has just custody and a biology mother that is dead?

In most states, an eighteen year old no longer needs a guardian. They are emancipated by age. You haven't mentioned the reason for a lawsuit so you can add more details on the discussion page if you wish. In most states, an eighteen year old no longer needs a guardian. They are emancipated by age. (MORE)

Mother shares joint custody but is gone for two weeks on vacation. The father let her know three months before that he will not take the child on her days. Can she be held in contempt of court?

A person can be held in contempt of court if they refuse to obey a court order , not if they refuse to obey the other parent. You need to review your court order. You haven't mentioned the provisions that are not being obeyed. The answer depends on factors such as the visitation schedule, whethe (MORE)

Can a father petition the court to terminate mothers parental rights?

Yes. He must provide the court with evidence that she is unfit and terminating her parental rights is in the best interest of the child. He should consult with an attorney who specializes in custody issues because he will need to have a carefully and properly prepared case. The factors used to (MORE)

Who gets to claim a minor child on their taxes if the mother has custody and no court order has been set for parenting time for the father?

Generally the custodial parent has the right to claim the child.You need to check any documents in your case file, inquire aboutstate laws that govern this issue, visit the court and ask to speakwith an advocate if you cannot afford to consult with an attorney.Some states provide that the custodial (MORE)

How can you ask the court for a copy of your text messages to use in a custody case against the father?

The question is a bit confusing, as one would assume that the requestor had the original text messages and that is how the court was made aware of them. However, if those messages were a part of the hearing(trial) then they will also be part of the transcript (court record). Such information can be (MORE)