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You have joint legal and physical custody can your child's mother take it from you with false allegations?
Wiki User
∙ 14y ago
She sure can. The courts take the kids safety very seriously. For example, say she alleges that your a drug addict. The court will take them from you immeadiately. However, you will get a court date and be able to defend yourself. If you can prove that her allegations are false, you will get them back. Keep in mind, if she repeatedly does it, and you prove her wrong every time, you now have grounds to file for full custody. Happened to me. However, she can't take them from you if she makes allegations only to you but doesnt report them to the court. My advice... do it back to her once. Find every little thing you can to report. Once she realizes what a pain it is, she will probably stop
Wiki User
∙ 14y ago
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If legal and physical custody was granted to the mother is that the same as full physical and full legal custody?
Yes. Legal and physical custody granted to the mother means full, sole legal and physical custody.
Can a father who has joint physical custody of his son be granted sole physical custody if the mother is in jail?
Either parent can have physical custody in a joint custody arrangement. If there is a court order granting the mother physical custody the father should notify the court of the mother's incarceration and have that order modified unless he wants the mother to resume physical custody when she is released.
If mother has physical custody of the child who has the authority to make burial decisions?
The party with legal custody makes the decision. Physical custody is another matter between the parties. Many couples have joint custody with physical custody to the mother. Whoever has legal custody has the right to make important decisions.
What does it mean when the mother fought like a tigress for custody of her children?
She's willing to use false allegations of child sexual abuse, even to the point of creating injuries in the child, to stop losing her child. About 60% of custody cases unclude these allegations made by mothers.
Who has physical custody when no paternity has been established?
The mother
Can you get custody of your child if the mother leaves state and never has him?
If the mother has legal custody but leaves the state and doesn't have physical custody of your child then that must mean the child is with someone who doesn't have custody. I assume you are not married. In that case, you must establish your paternity in court and request legal and physical custody. If the mother has left the state without taking her child with her the court will certainly want to know who the child is with and will certainly consider awarding legal custody to the other biological parent, you.Perhaps you can convince the mother to consent to your getting legal and physical custody. If not sole custody, then joint legal and physical custody.You should consult with an attorneywho specializes in custody issues. The attorney can review your situation and explain your rights and options.
If a father won physical custody of two girls and mother is appealing saying that she has cleaned up her act what are fathers chances of maintaining physical custody at appeal?
If father was awarded custody before and his circumstances have not changed, unless the mother's situation has improved dramatically the father has a good chance of maintaining custody.
If the father is granted physical custody can the mother get custody back?
If the decision was recently made, the mother can file an appeal. Otherwise, the mother will have to prove there has been a significant/material change in circumstances - to the judge.
If a mother with phsical custody is incarcerated will the father with joint legal custody be automatically awarded custody of the child?
I think it depends on how long the mother will be incarcerated for. There might be a hearing giving the father temporary custody. But if the father ever tries to get full physical custody of the child in the future, it might not be good for the mother. However, she can never be refused visitation.
What happens with sole custody after the father is awarded visitation in Tennessee?
The mother can still have sole legal and physical custody when the father is awarded visitations. Custody and visitations are separate matters. The mother would be required to obey the visitation schedule.
If the mother has sole physical custody and shares joint legal custody with the father the two never married if the mother dies can her husband who is not the baby's biological father assume custody?
No, unless the baby's biological father relenquishes his parental rights, he would get custody of the child if the mother dies, not her husband. The biological father must sign his rights away to the mother's husband.
In ms can mother be awarded child support with joint physical custody?
Even sole custody fathers can be ordered to pay child support, when they earn more than the mother. see links
