Yes, if the money was to be given to take care of the children and it was never paid, it is still owed to the estate of the deceased.
The executor of the estate must try to collect the arrearages from the surviving parent through the family court and the state child support enforcement agency.
Only if there is a joint custody order prohibiting the action. If no custody order is in effect, either parent retains the right to take the child or children wherever they choose. This obviously does not include a situation which might place the child in any danger or possibility of such.
It is a term used in some states to indicate who retains custody of a minor child. If parents share equal custody they are joint managing conservators. If one parent retains primary custody he or she is the sole conservator and the non-custodial parent is the possessory conservator.
That depends on which state retains jurisdiction.
Generally the state law will apply regardless of who retains custody of a minor. There are exceptions of course, but those would be determined by the court. The age for marriage w/o parental or custodial consent in the majority of states is 18.
No. A child is no one's property. An unmarried mother has sole custody until the father establishes his paternity in court. Once paternity is established the father can petition for custody and/or visitation and the court can prepare a child support order as necessary if the mother retains sole physical custody.No. A child is no one's property. An unmarried mother has sole custody until the father establishes his paternity in court. Once paternity is established the father can petition for custody and/or visitation and the court can prepare a child support order as necessary if the mother retains sole physical custody.No. A child is no one's property. An unmarried mother has sole custody until the father establishes his paternity in court. Once paternity is established the father can petition for custody and/or visitation and the court can prepare a child support order as necessary if the mother retains sole physical custody.No. A child is no one's property. An unmarried mother has sole custody until the father establishes his paternity in court. Once paternity is established the father can petition for custody and/or visitation and the court can prepare a child support order as necessary if the mother retains sole physical custody.
Yes, if:- The father retains sole physical custody of the child, the mother has visitation rights and took the child out-of-state during a time she did NOT have visitation with the child; OR- The father retains sole physical custody of the child, the mother has absolutely no parental rights to the child and took the child out-of-state at any time.No, if:- There is a custody arrangement in place, whether as a written or oral agreement between the her and the father, or as an Order for Child Custody, and the mother retains primary or joint (equally shared) physical custody of the child; OR- There is no custody arrangement in place between her and the father, and there is no Order for Child Custody in place, but she retains primary or sole physical custody of the child and/or the father never bothered to petition for custody; OR- There is a custody agreement in place between her and the father, or there is an Order for Child Custody, and the father retains primary or sole physical custody of the child, IF the mother has visitation rights and chose to take the child out-of-state while she had visitation with the child;- Just about any other scenario, other than the two described above under "yes," not otherwise described here.To sum this up, no, the mother probably cannot be charged with parental kidnapping simply for taking her child out of state. The mother has a legal right to travel wherever she chooses with her child unless a court tells her otherwise. In fact, the mother may move out-of-state with the child permanently if she so chooses, and there is nothing the father can do.The fact that the mother and the father were never married is completely irrelevant. The only difference between unmarried parents and divorced parents, is that divorced parents usually submit a custody plan to (or, more often, one parent receives an Order for Primary Physical Custody from) the family court, which explicitly outlines which parent has custody and which has visitation. If the parents never married, and the child lives with the mother, she is the custodial parent (which means she has primary physical custody of the child) and she can take the child wherever she pleases, whenever she wishes. The father has no legal claim to or right to control how the mother cares for the child while she retains custody, and the mother is certainly not required to seek permission or even notify the father of her intent to leave the state with her child so long as she retains custody,
The same way you would if her husband were still alive. Even though a woman's husband has passed, she still retains his name.
No. He will have to petition the court for shared custody. An unmarried father has no right to keep the children from their mother unless there is a court order to that effect. He has no personal legal authority to keep the children. In the absence of any order, if he takes the children and fails to return them to the mother she should call the police. Since the father didn't give birth and he was not legally married at the time of the birth he must establish his paternity legally. 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.
If you have just seperated, and are not yet divorced, you may file in either state. You need to be aware that if you file in Pennsylvania, you may need to travel to the court and appear before the judge. If you want to file in New York, you may need to wait an obligatory period of time (usually 3 - 12 months) before you file there. If you are already divorced and you want to change support and custody arrangements, you may need to file in Pennsylvania because the court retains jurisdiction to make these decisions.
The decision resides with the parent who retains legal custody.
Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. 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.
Parents who don't live together have joint custody (also called shared custody) when they share the decision-making responsibilities for, and/or physical control and custody of, their children. Joint custody can exist if the parents are divorced, separated, or no longer cohabiting, or even if they never lived together.