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If the parents are going to split up, one needs to file with the courts to define custody, child support, visitation, etc.

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Q: Who has legal custody of a minor child when parents have never married in MO?
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How is it legal for a judge to place a minor into protective custody with parents who abuse the child and almost killed the child?

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.


If your husband dies will his young child who he has full custody of be sent back to his mother or be allowed to stay with you the stepmother?

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.


Can a custodial parent prevent the non-custodial parent from having someone else pick the child up from school?

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.


Can custody be taken away for no reason?

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


If you receive TANIF for your child do you have custody?

TANF eligibility is based on physical custody, not legal custody.

Related questions

Who has legal custody of a minor child when parents never married in the state of co?

mother has sole custody even if living with father


Who has legal custody of a minor child when parents never married in Georgia?

The mother. The father have to petition the court for custody or visitation right.


In the state of South Carolina who has legal custody of a child when it is born?

If married, both parents. If single, the mother


Missouri law Who has legal custody of minor child when parents have never married but dad is on birth records get sole custody They have never been married but the mom and dad live with their parents?

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.


Who has legal custody of a minor child when parents have never married in Michigan?

The mother is presumed to have custody unless there is a court order saying otherwise.


Will the mother get sole legal custody of the child if the parents were never married and he hasn't seen the child over 4 years?

She already has sole legal custody as an unmarried mother. He can petition for visitation and pay child support.


Who has legal custody of minor child when parents never married in Connecticut?

the person who has physical possesion of the child.


Who has legal custody rights until judges says different if the parents are not married he is on the birth certificate and is married to someone else?

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.


If no father is listed who has legal custody of the child?

The mother. If she dies, her parents get custody.


Never married now separated no court orderd custody what are the legal rights of the parents?

mother has sole custody, father has child support obligation. see link


What is it called when a mother and grandmother has legal right of a minor child or can that be done?

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.


Who has legal custody of a minor child if parents are not married in Panama City Fl?

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.