* If the custodial parent agreed to let the child stay for a certain time and this is in writing, that parent should not be able to force the child's return home without a good reason. * If the permission was just word-of-mouth, it is shaky ground; the courts would likely favour the custodial parent and require the child to return. * If the child petitions the court themselves, it is not likely that they will be listened to, especially if the current custodial parent fights that choice. * You may be able to argue that the child obviously has reasons for wanting to now live with the other parent - knowing those reasons would help a lot - and the current custodial is fighting to repress their freedom of choice. * If you are lucky enough to find a good lawyer and get a compassionate judge, they may find in favour of changing the custody to the other parent, or at least giving them more visitation.
A parent is responsible for whatever the official custodial court order stipulates. When the custodial parent requests in the suit (petition) that legal fees be paid by the other party the judge determines whether or not the request will be granted
First a petition will need to be filed to have the custodial order changed. If the court allows that action it is usually possible to have the child support order modified at the same time. The change of custody petition will need to be filed in the state court where the present custodial parent resides.
No, minors cannot initiate litigation of any type unless a judge decides it is warranted, in which case the judge will appoint a guardian ad litem to oversee the minor's interests. That aside, minors are not allowed to make the decision as to which parent they wish to reside with. However, the non-custodial parent may file a petition for change of custodial rights in the appropriate state court. The primary custodial parent also has the legal right to contest the action.
"custodial" ... "their" ... In general, parental rights are terminated either preparatory to an adoption, or after a trial in which it is determined that the parent is unfit. In any case, termination of parental rights does not, in itself, terminate child support.
Sole custodial rights are only granted to the parent with whom the child will reside.
Yes. Many states require that the custodial parent petition the court and the judge can determine if it is in the child's best interest to relocate the child out of state.
No, they need to.
A parent is responsible for whatever the official custodial court order stipulates. When the custodial parent requests in the suit (petition) that legal fees be paid by the other party the judge determines whether or not the request will be granted
If the couple are unmarried the birth mother is presumed to have full custodial rights to the child.. The assumed father is not automatically granted any rights to a child until paternity is established either by the signing of the birth certificate or affidavit of parentage or a paternity test. When parentage has been established the biological father can file a writ of habeas corpus for custoday or a petition for visitation rights; likewise the primary custodial parent can then petition for child support.
If the father has legal visitation rights-no. You can file a petition with the court to change visitation to show cause. You petition him to go to court where you tell the judge why you do not want, what you do not want and the judge will decide.
He can request custody or a visitation order if he is the father of the child. At the same time you should petition to remain the custodial parent and request a child support order.He can request custody or a visitation order if he is the father of the child. At the same time you should petition to remain the custodial parent and request a child support order.He can request custody or a visitation order if he is the father of the child. At the same time you should petition to remain the custodial parent and request a child support order.He can request custody or a visitation order if he is the father of the child. At the same time you should petition to remain the custodial parent and request a child support order.
In all U.S. states the biological unwed mother is considered to have sole legal and physical custody of her child. If the biological father wishes to assert his parental rights he must first establish paternity to the child in question and petition the court for visitation privileges or custodial rights. If the mother wishes to pursue child support for the minor child she must show proof of paternity (signed birth certificate, or notarized affidavit for the father). It is the responsibility of the alledged father to prove he is or is not the biological father of the child, regarding custody, visitation and/or obligation of financial support.
No, the determining factor in all custodial cases is what is in the best interest of the child. If the biological father was not legally married to the child's mother it would be extremely difficult for him to obtain full custodial rights regardless of his marital state.
If the child has not reached the state's age for emancipation, the custodial parent must agree to the change or the non-custodial parent must petition the court to obtain equal or sole custody rights.
No, if the biological father does not retain custodial rights he has no say in the living arrangements of the mother and child. The exception to such, would of course be if the child is in an unsuitable and/or unsafe environment where his or her well-being is in jeopardy. This does not mean that the father cannot petition the court for joint or sole custodial rights based upon the situation.
The father must petition the court for temporary custody.The father must petition the court for temporary custody.The father must petition the court for temporary custody.The father must petition the court for temporary custody.
Yes, since we know she is the parent. The father have to prove paternity by a DNA test in court and he can then petition for visitation, custody and also pay child support.