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Yes, but the other parent can challenge it.

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Q: If you are the custodial parent can you award sole custody of your child to grandparent in your will?
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Can a relative get custody of a child over a non-custodial parent if the child is removed from the custodial parent's home?

Yes, but keep in mind that the law is predisposed to award custody to one or both of the parents. If you have serious concerns about custody going to the NCP, I suggest you discuss this with a lawyer.


Can a fourteen year old petition the courts for a change of their own custody order in Pennsylvania?

No. If this is a case where you want to live with the non-custodial parent, then the non-custodial parent can petition for a change in custody. If this is a case where you want to live somewhere other than with a parent, that won't happen without your parents permission unless your parents are proven to be unfit (it takes A LOT to prove unfitness) and even then you may end up in the custody of the state, instead with whomever it is that you're wanting to live with (for example, the court will not award custody to your boyfriends parents, but they award custody to one of your family members).


Can an unemployed parent be granted joint custody?

No. Losing your job is not in and of itself grounds for losing custody of your child. The parent who wants to gain custody would need to file a motion for custody and convince the court that the custodial parent is unfit and that it would be in the best interest of the child to award custody to the other parent.


Does primary residence with joint legal custody give this parent the right to choose their child school?

Look for the standard XX county parenting plan online, with XX being the county you reside in. Look at the section regarding Major Decisions. Most states agree all major decisions shall be made by the custodial parent, and that usually includes things like what school to attend, what hair length to allow, what piercings to allow, etc.


Can a 9 yr old child have the right to live with grandparents in Pennsylvania?

The grandparents can request custody but unless there is a very good reason the court will award custody to the biological parent(s).The grandparents can request custody but unless there is a very good reason the court will award custody to the biological parent(s).The grandparents can request custody but unless there is a very good reason the court will award custody to the biological parent(s).The grandparents can request custody but unless there is a very good reason the court will award custody to the biological parent(s).


Does the parent with only visitations have to be notified that the child will go to therapy?

If the parent with visitation rights has joint legal custody they have the right to participate in the decision to seek and schedule therapy for the child. A parent with sole legal custody has the right to arrange therapy for the child without the consent of the non-custodial parent. The custodial parent should inform the NC parent of the therapy and involve them if the NC parent is willing to help especially when the NC parent is taking a positive parental interest and role in the child's life. However, the parent with sole legal custody has the sole right to make decisions that involve the child. Divorce is often an adversarial situation and judges often do not award joint legal custody if the parents do not have a congenial relationship. That is to avoid a situation where one parent interferes with the needs of the child because they disagree with the custodial parent's decisions.


Can a non custodial parent gain custody because of the neglect of the childrens attendance in school?

Being charged with neglect means there has not yet been a final determination. If the custodial parent is found guilty of child neglect the court can terminate their custody. Child neglect is an element of child endangerment and is one of the factors a court considers to find a parent unfit. Unless the non-custodial parent has also been determined to be an unfit parent they would be the next choice to whom the court would award legal custody.The non-custodial parent should consult with an attorney who specializes in custody issues as soon as possible. The attorney can review the situation and explain the options and how to proceed.See related question.


What is the uniform child custody act?

Properly, it's suppose to require one state to honor a custody award from another state, but as regards custodial fathers, in reality it has little power.


Can the non custodial parent take full custody away from the other parent if he has demonstrated an 'on again- off again' style of parenting?

To give a lawyer's answer...It depends. It depends on a large number of factors, the jurisdiction the court which has authority of the case, and the particulars of the "on again, off again" partent. In any event, it will require you to hire a lawyer and he will have to go to court and argue that the other parent is an unfit parent. One thing you must realize is that even though the law is gender neutral, most courts strongly favor the mother. * Only the court has the power to award or rescind custody. The court of jurisdiction in custodial cases is the one that issued the original order. The exception being if there is substantiated and indisputable evidence as defined by existing state law that the presiding judge 'grievously erred" when he or she rendered the decision. A major factor in all custodial cases is the parenting plan that each parent is required to submit to the court, rather than the attempt to prove the other parent to be unfit. It is difficult to ascertain what the term "off and on again" means, when it pertains to a parent who has been awarded full custody. Full custody indicates that the named parent has the children in their care, or in the in the care of a qualified adult/caregiver, except for required visitation by the non custodial parent. Full custodial rights further dictate that said parent has the legal power to make all decisions concerning the welfare of the child or children (education, medical issues, etc.) Be that as it may, no person (including an attorney) can guarantee the outcome of a custodial case (or any case for that matter).


Can an aunt take her niece out of the country?

If the niece is an adult, her aunt can take her anywhere she wants to go. If the niece is a minor and the aunt has custody, she can take her anywhere she wants, as long as conditions of the award of custody do not limit travel or relocation. If the aunt is not a custodian of a minor niece, then she can take the niece out of the country only with the permission of the custodian or custodial parent.


If one parent has full custody of a child and that parent dies will the living parent get the child?

Yes, unless the living parent has a court order not allowing them to be with the child in that case the child would go to the next relative that is willing to take the child. The surviving parent will still have to go to court to have the custody awarded to him/her. After all, the court felt there was a good reason that the full custody award was rendered in the first place.


What is sole custody and what does it entitle?

The parent award sole custody of the child(ren) is the only person who can make decisions for said child(ren) - legal, educational, medical, etc.