Can a child still get emancipated from her birth mother and step father if her father is fighting for custody?
No, if there is a custody dispute being heard by the court, that needs to be settled before any early emancipation petition would be accepted (if at all). There is a great misconception as to a minor receiving an early emancipation decree. It is not simply a matter of signing a paper and getting the request granted. Most states have "safe guards" within existing statutes which make it very difficult to become legally emancipated. I have doubts as to how many minors who claim they "did it w/o a problem" are being completely truthful.
Can a 17 year old chose to live with the mother if the father has custody and do so immediately without the mother being arrested for kidnap?
If the father has custody but the mother raises the child can the mother get partial custody of the child?
If the mother and father were not married when they had a child does the mother get full custody of the child?
If a father has sole legal and physical custody of his thirteen year old daughter can the daughter become emancipated from her mother in the state of Pennsylvania?
Can a father just take a baby from the mother if they were never married without establishing custody first in Missouri?
No. The unmarried mother has sole custody until the father has established his paternity legally, in court and then requested (and obtained) joint custody and visitations. No. The unmarried mother has sole custody until the father has established his paternity legally, in court and then requested (and obtained) joint custody and visitations. No. The unmarried mother has sole custody until the father has established his paternity legally, in court and then requested (and obtained) joint…
If a mother with phsical custody is incarcerated will the father with joint legal custody be automatically awarded custody of the child?
After physical custody of a child was awarded to the father by the court and joint custody to mother can the mother get physical custody.?
Can a grandmother who has legal custody of a child give custody to the mother without notifying the father?
No. The grandmother cannot legally transfer custody to the mother only the court can do that. The father can file a motion in court to have a hearing on the matter. No. The grandmother cannot legally transfer custody to the mother only the court can do that. The father can file a motion in court to have a hearing on the matter. No. The grandmother cannot legally transfer custody to the mother only the court…
No. A child is no one's property. An unmarried mother has sole custody until the father establishes his paternity in court. Once paternity is established the father can petition for custody and/or visitation and the court can prepare a child support order as necessary if the mother retains sole physical custody. No. A child is no one's property. An unmarried mother has sole custody until the father establishes his paternity in court. Once paternity is…
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?
It depends on the custody order already in place. If the mother is violating the custody order, the father can sue her for contempt, and ask that she be appropriately sanctioned. If there is no custody order in place, the father will need to sue the mother for legitimation or divorce, depending on whether they are married, and ask that custody be determined.
You are 16 years old and want to be emancipated by your father who is an alcholic and your mom has custody of you I have seen him once in three years and he wont call for months or even years?
It does not sound like you know what being emancipated means. Being emancipated is where a minor under the age of 18 no longer wants their parents to be responsible for them and wants to be considered an adult by the state. This would mean that you would have all the rights of an 18 year old at the age of 16. If your mother has custody of you and you have no problem with…
If the mother has interrupted her career more than the father for her children, surely she has the better argument for custody? Custody should depend on how the children are treated, not on how hard the mother found it/finds it to get a job. The father would probably have to work less when they have custody of the children anyway.
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 a biological father has had no contact with his child then can he get custody of him if something happens to the mother?
Can the mother go to the father house and get her child if there isn't a court order saying that the dad has full custody?
No, the mother is no more entitled to custody than the father. If the father currently has temporary or implied custody, then a custody order must first be established before you can get partial custody or visitation rights. For example, if you moved out and left the child in the care of the father, you forfeited your custody rights until an official custody order has been established.
If a child's mother has sole custody then the courts have decided this and there is a reason for it. Generally, if the mother is a good mother (fit mother) then the children will be looked after by her with the father having partial custody to see his children. If the father is unfit, then the mother would have full custody. If you are the child asking the question and are upset because your mother…
Does the birth mother have to file for legal custody of her son in Virginia even if there is no legal father?
No. If the mother is unmarried then she has legal custody of her child automatically. If the father wants parental rights he must establish his paternity in court. No. If the mother is unmarried then she has legal custody of her child automatically. If the father wants parental rights he must establish his paternity in court. No. If the mother is unmarried then she has legal custody of her child automatically. If the father wants…
No that is up to the judge. The father has no such authority. All he can do is provide truthful and sufficient evidence to the court as to why the mother shouldn't have custody. The court will evaluate the situation and render a decision. If the father wants to give up custody the mother will be the next logical choice of the court. The only reasons why a mother would be denied custody is if…