What would you like to do?
- 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 a mother takes the children to a different state and will not let the father know where they are is he responsible for child support if no court papers have been served yet?
Answer No, he is not responsible until court papers are served. Also, he cannot pay if he doesn't know where they are.
Can a father who has joint custody with the mother stop her from moving to another state after they go to court?
Answer If 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 a…llow the mother to move out of state with the minor children or grant him full or primary physical custody rights. Please be advised, if the move is for good cause, such as a job transfer then it is unlikely the court will agree to block the move.
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 tha…t time, the non custodial parent can present evidence as to why they feel that moving the child is not in the child's best interest and petition for a change of custodial rights. The judge may or may not agree, but, will make a decision and change the order for visitation and support as needed. Pending this court action, the non custodial parent can petition the court for a stay or restraining order informing the custodial parent that it is unlawful to remove the child from their state of residence until a decision can be reached. I warn you against using the child as leverage to plot some sort of revenge against your spouse. The Judge can see through these attempts and any kind of leverage that you may have had in splitting travel expenses, or extending visitation periods will be lost. On the other hand, if you can provide a stable home environment for the child and nothing else needs to be changed, such as what school they are attending and if moved the custodial parent will not have a stable home or income, then you may be able to stop it. The court does not care what is best for you, only what is best for the child. In short, yes, you can file for the court to stop the child from moving out of state until the case can be heard. ( your local state laws may differ though so contact a lawyer )
If there is no court order for custody and the father has physical custody how can the mother get physical custody of the child?
The child is now living with the father, and (we can infer that) the mother is living somewhere else. The mother could simply ask the father for custody or could ask him to …share custody. Simple, easy, direct. But this situation probably isn't like that. It's likely he'd say no. Then it's off to court with an attorney. Taking the child would make things really bad if the child is with the father (and has been) and the mother is living somewhere else. A sticking issue (and one not addressed in the question) is this: how did the couple separate so that the child ended up with the father? If mom walked out, the father can raise that issue (that mom left) if he is sued for custody by the mother. That could be a sticking point for mom's case. (The argument is that mom didn't care about the child when she left.) Whatever the reason, it looks like the court will have to sort it out unless arbitration can resolve the custody dispute. Additional issues involve how fit dad and mom are to be parents (and therefore to have custody) and how capable each is to provide for the welfare of the child (and this has a strong economic contingent). Oh, and the court will want to know what the child wants. That's important, and the court will conduct an interview with the child to find out. Children are almost uniformly innocent victims of the dissolution of marriages, and the courts are familiar with the variables and how to assess them to resolve custody issues. There are many attorneys who are also familiar with the variables involved in custody issues, and if someone without any custody wants all or some of it back, it makes perfect sense to retain one of them. They don't work for nothing, but initial consultations are frequently inexpensive or are free. Shop around for a legal representative. Have all the facts ready and be prepared to answer tough questions directly, succinctly and with the truth. Custody law varies from state to state, and a local barrister is going to be familiar with the particulars for that locale. The best interests of the child should be the primary consideration of both parents in any separation or divorce. Many times a parent doesn't (or parents don't) get this. Or they forget it somewhere along the way in a custody dispute. Good luck. Answer and Clarification In the United States both parents have equal rights to the child if they are married and not divorced and there is no court order. 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 birth he must establish his paternity by signing the birth certificate at the time of birth (waiving DNA testing rights) which must be done with mother's consent. If he doesn't sign the birth certificate then he must seek another way to establish his paternity and that is done through a DNA test. A paternity test can be arranged through the court and once established the father can request visitations, custody and set up a schedule of regular child support payments for the child. Without further details it seems as though this father is making up his own rules and exerting too much control over the child and the child's mother. She should seek help ASAP from an attorney or other legal advocate.
Being in contempt of court can help the other party gain custody but does not automatically guarantee it. Many times a mediator or guardian has to be assigned to change cu…stody. Attorneys and judges also get involved in this decision.
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 there is such a document, you don't want to violate it because it will hurt your chances for custody. However, if there is no document that gives the father either visitation rights or states that you must give the father reasonable access to the child, then you can do whatever you want until a court order is issued.
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 an…d 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 birth he can establish his paternity through a DNA test. A paternity test can be arranged through the court. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.
After physical custody of a child was awarded to the father by the court and joint custody to mother can the mother get physical custody.?
Yes if she can prove that it would be the the child's best interest to be with her physically. Custody orders can change at any time. If there is a sign of danger from the c…hild being with the father, the mother can gain physical custody.
Does the custodial mother has the rights to go with child on non-custodial father visitation that ordered by the court?
no, that's custodial interference
If his name is on the birth certificate he is the legal parent along with the mother. If they have split up she can go to court and ask for custody.
Joint custody the mother told the father in court that he does not have to pay child support because she has moved a long distance from the father the is this legal?
Only if approved by the judge.
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. The…re were reasons why the father was granted custody in the first place. Generally, there must be a change in circumstances in order to take the case back to court. If nothing has changed there is no reason for the court to spend time going over the same case again. Perhaps the mother can prove to the court that the factors leading the court to award custody to the father have been addressed. Perhaps the child is better off with the father. The mother needs to convince the court that a change in custody is in the best interest of the child and not the mother's interest.
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 the evidence and arguments and then issues a ruling that becomes the court order. If the father chose not to participate the judge didn't have the benefit of his side of the story. Remember, you need to appear in court to participate in the hearing when the situation involves you. It is much more difficult to wait and complain about the outcome. There may be a short appeal period after the ruling. The father needs to inquire at the court to see if the ruling can be appealed. Also, he should consult with an attorney if he hasn't done so already.
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 alw…ays be identified by medical records. Since the father didn't give birth and he was not legally married at the time of the birth he must seek other means of establishing his paternity and that is done through paternity test. A paternity test can be arranged through the court and once established the father can request visitations, custody or set up child support for the child.
Would the court in Texas custody case be inclined to award custody to father if the mother has no apartment no education no transportation no license no job money etc and the father has all of that?
Yes. Yes. Yes. Yes.
What rights does a father have if there is no court order but he pays monthly and the mother has custody and guardianship?
As many rights as the mother wishes to allow until the father protects himself with court ordered visitation and decision making rights. In some states, the father may have ce…rtain intrinsic rights, but you would need to provide where you reside and the state (or country if outside the USA) where the child legally resides.