0
Can CPS take child if you have full physical and legal custody?
Wiki User
∙ 12y ago
Of course they can. If the child is in need of protection it doesn't matter if you have legal custody. Child Protective Services are given special power to remove children from situations of abuse, neglect, endangerment, etc.
The factors used to determine that a parent is unfit are generally governed by state laws with child endangerment being the determining factor. The following include some of the reasons a parent may be declared unfit:
- physical, emotional and sexual abuse
- excessive discipline
- failure to protect the child from abuse by others
- failure to report abuse of the child
- neglect- failure to provide food, clothing, proper hygiene, necessary medical treatment, schooling
- failure to provide proper medical care
- failure to provide day to day parental care
- serious illness or disability
- mental illness
- substance abuse or addiction
- Alcoholism
- criminal activity and/or associations
- incarceration
- conduct or conditions that are seriously detrimental to the child
- abandonment
- child endangerment
- leaving the child unattended or in the care and supervision of a child
- a failure to provide adequate supervision
- unsafe living conditions
- a medical condition that makes it impossible for the parent to adequately care for the child
Wiki User
∙ 12y ago
Add your answer:
Earn +20 pts
Can a mother with joint custody give child to somebody else other than father?
No. If she tries then the father should immediately seek full legal and physical custody of his child.No. If she tries then the father should immediately seek full legal and physical custody of his child.No. If she tries then the father should immediately seek full legal and physical custody of his child.No. If she tries then the father should immediately seek full legal and physical custody of his child.
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.
My daughter's mom dropped her off with me over 5 years ago. We dropped child support no change was made to legal custody. What should I do to ensure that I have legal and physical custody?
You need to return to the court that has jurisdiction and petition for full legal and physical custody and the termination of that child support order. It would go much easier if the child's mother would consent to the petition for custody.You need to return to the court that has jurisdiction and petition for full legal and physical custody and the termination of that child support order. It would go much easier if the child's mother would consent to the petition for custody.You need to return to the court that has jurisdiction and petition for full legal and physical custody and the termination of that child support order. It would go much easier if the child's mother would consent to the petition for custody.You need to return to the court that has jurisdiction and petition for full legal and physical custody and the termination of that child support order. It would go much easier if the child's mother would consent to the petition for custody.
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.
When a parent has full legal and physical custody of a monor child do they need permission from the court to move the child?
no,unless the custody agreement states you cant move without notifying the court
What is Missouri law and moving with children out of the country if I have full legal and full physical custody?
If he has visitation and pay child support you need his and the courts consent.
If you have full physical custody and half legal custody would it be abanndonment to give a note to your ex husband and leave the kids with him?
No, not if he is the other person that has legal custody.
What is joint sole custody?
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.
What if you had full physical custody of your child and then the father files for custody due to child being overweight?
If at the custody hearing, the judge believes that you are the cause of the child's overweight problem, the father could very well win full custody. If you can afford it, hire a lawyer to argue for your side.
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.
Does the surrogacy mother have a chance at custody of the child?
As long as the Intended parents have a legal contract with the surrogate that states that they will assume full custody, the surrogate has NO rights to the child and no chance of gaining custody.
You have temp custody of 2 children that are not related to you for 1yr how do you get legal custody of them?
File a motion for full guardianship of a child in need of care.
