If the parents are going to split up, one needs to file with the courts to define custody, child support, visitation, etc.
It may be illegal for a judge to remove from a child from the parent's custody without a legal case. There are loopholes in the law, and unfortunately child protective services is an area where this happens all too often.
Having full legal or physical custody. If it is full legal custody the mother has given up any legal claim to the child. If it is full physical custody with joint legal custody the child will be in the legal custody parents home. She may elect to give the child up to be adopted by the stepmother. In many states (and maybe in all states) if the custodial parent dies, then the non-custodial parent gains custody, provided that that his/her parental rights have not been terminated (and just because he/she did not have legal custody does not mean that his/her parental rights were terminated). Of course, in that event the stepparent can still petition the court for custody. Check with a local attorney.
School is not a place of visitation, and ultimately the school is responsible for returning the child to the custodial parent at the end of the day, unless that specific custodial parent has notified the school of other arrangements. In this situation, it is imperative that the court order that sets forth legal custody be on file at the school.You need to check the laws in your particular jurisdiction by consulting an attorney or an advocate at the family court. Your question implies a non-custodial parent taking the child out of school during the school day. Generally, Unless the parents have shared legal custody, the non-custodial parent has no right to remove the child from school.The parent with sole legal custody should make certain the school has a copy of the court order that granted them sole legal custody. If someone other than the custodial parent will be picking up the child during the school day the parent should notify the principal in writing and also call to confirm. If necessary, the school should have on record a copy of the visitation schedule if the non-custodial parent will pick the child up after school on their visitation days.
No! There must be good reason and proof before either parent of a child can take total custody if the courts had already given shared custody between the parents of that child. It's best to seek legal advice to be sure you maintain the custody of your child. Good luck Marcy
TANF eligibility is based on physical custody, not legal custody.
mother has sole custody even if living with father
The mother. The father have to petition the court for custody or visitation right.
If married, both parents. If single, the mother
If the parents have never married and live separately with their own parents, a court would need to decide on custody. Typically, the court will place the child with the mother, but the best interests of the child are primary.
The mother is presumed to have custody unless there is a court order saying otherwise.
She already has sole legal custody as an unmarried mother. He can petition for visitation and pay child support.
the person who has physical possesion of the child.
If you were not married when the child arrived the legal custody lies with the mother. The father have to prove paternity in court before he can get his parental rights.
The mother. If she dies, her parents get custody.
mother has sole custody, father has child support obligation. see link
Either the biological parents have custody of a child oranother adult is appointed by the court as guardian. Generally, a court must remove legal custody from the parents in order to appoint a guardian. If the grandmother has custody she would be the legal guardian. Generally, parental custody and legal guardianship cannot run together.Either the biological parents have custody of a child oranother adult is appointed by the court as guardian. Generally, a court must remove legal custody from the parents in order to appoint a guardian. If the grandmother has custody she would be the legal guardian. Generally, parental custody and legal guardianship cannot run together.Either the biological parents have custody of a child oranother adult is appointed by the court as guardian. Generally, a court must remove legal custody from the parents in order to appoint a guardian. If the grandmother has custody she would be the legal guardian. Generally, parental custody and legal guardianship cannot run together.Either the biological parents have custody of a child oranother adult is appointed by the court as guardian. Generally, a court must remove legal custody from the parents in order to appoint a guardian. If the grandmother has custody she would be the legal guardian. Generally, parental custody and legal guardianship cannot run together.
The mother. The father have to petition the court for visitation and custody after paternity has been established with a DNA test. Then he can also pay child support.