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Answered 2005-05-21 13:55:20

Yes, if there is no court order of custody in place, the child can reside with either parent. Either parent also has the right to petition the court to block or allow the action.

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Can a mother take a child to live out of state without consent?

If there is a custody agreement in place through the courts, the mother cannot take the child out of state without the fathers consent. If there is no agreement in place, the mother does not have to have the fathers consent.





What is the definition of constructive custody?

Custody arrangements by which it is in the best interest of the child without infringement of the mother or fathers rights.




Can a mother take a child out of the state without the fathers consent?

Whether or not a mother can take a child out of the state without the father's consent depends on the custody order that is in place. If there is no formal agreement, she does not need permission to leave the state with the child.


Can the mother of your child deny you from seeing that child?

Not if the person has a court ordered custody agreement. If no visitation/custody order is in place, it is at the discretion of the person who has custody of the child.




Would a mother have have full custody if her and her son's father were never married in Michigan?

Sole Custody until ruled on otherwise. The Glass Ceiling for fathers.


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



Can a mother move out of province with no consent from the father?

Depends on the type of custody and agreement probably, but I think no.


What rights to custody does a noncustodial parent have when there is no custody agreement?

Single father has none. Married father is equal to that of the mother, but in application, unenforceable. see links



What is the law in Virginia about unmarried parents having custody of their children?

Virginia is different from most states where an unmarried mother automatically has legal custody of her child and the father must establish his paternity legally. In Virginia there is no presumed custody. Unwed fathers and mothers must go through court to obtain legal custody.Virginia is different from most states where an unmarried mother automatically has legal custody of her child and the father must establish his paternity legally. In Virginia there is no presumed custody. Unwed fathers and mothers must go through court to obtain legal custody.Virginia is different from most states where an unmarried mother automatically has legal custody of her child and the father must establish his paternity legally. In Virginia there is no presumed custody. Unwed fathers and mothers must go through court to obtain legal custody.Virginia is different from most states where an unmarried mother automatically has legal custody of her child and the father must establish his paternity legally. In Virginia there is no presumed custody. Unwed fathers and mothers must go through court to obtain legal custody.


If you have been separated for over a year but is still married and the child has been with the mother the whole time does she have full custody until custody is decided?

The mother has de facto custody. I do not know whether a separation agreement is involved defining legal custody, but from the sound of your question, I doubt it. Usually a fair Court with all things being equal will allow the child to remain with the mother until custody is decided. However, the determination of custody is not made until there is a signed agreement so Ordered by a Judge or a Court issues another legal paper, for instance a Judgment or an Order, that incorporates that signed agreement or until a judge decides custody. Mildred Michalczyk





Can a remarried mother move a joint custody minor out of Georgia with out the fathers permission?

NO. She needs the permission of the court that has jurisdiction over the case. She cannot interfere with the father's visitation rights. If an agreement cannot be reached between the parents the judge will decide.


Can a mother leave with her daughter out of state to live?

YES, IF SHE HAS SOLE CUSTODY OF THE CHILD AND THERE WAS NO AGREEMENT TO STAY IN THAT STATE. OR IF NEITHER PARENT HAS LEGAL CUSTODY EITHER PARENT COULD DO THAT


Can a mother move out of state if father has custody agreement?

With or without the child? Which state did the custody order originate? You haven't provided enough information for anyone to give you an accurate answer.


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