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.
The father would be the favored person to get legal custody if the mother had custody and died unless he was found to be unfit to have custody.
the father gets the custody of the child if the mother dies
My granddaughter wants to live with her mother she is soon to be 17 and her father has custody and dose not want her to leave what recourse dose my granddaughter have ?
I believe that the Mother should always have full Custody.. After the father is a convicted felon
Joint custody is between two parents, which are usually a mother and a father.
In most circumstances the mother gets primary custody.
How often is the father awarded custody of the child over the mother in North Carolina?
No, but the father can get the custody if he proves that the mother has bad habits like alcoholic or consume drugs.
If not married the custody belong to the mother automatically and the father have to go to court to get visitation rights or custody. If the mother can not take care fo the child and neglects it, the father can alsoi get 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.
If the mother is raising the child and the father has custody the mother should return to court and petition for custody and child support, especially if this is a matter of control. She should consult with an attorney or other legal advocate.
In the United States an unmarried mother has legal custody of her child unless and until the father establishes his paternity in court and requests custody and/or visitations.
No. You have to go through the court system if the father has legal custody but you can also go through the court system and get emancipated which means noone has legal custody over you so that means that you can live wherever without anyones permission. It's totally rockin'!!!!
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.
No, although most courts favor custody to the mother.
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.
Can a father who has joint custody with the mother stop her from visiting another state with the child
Yes if she can prove that it would be the the child's best interest to be with her physically. Custody orders can change at any time. If there is a sign of danger from the child being with the father, the mother can gain physical custody.
The mother. If she dies, her parents get custody.
He can still gain custody as the presumptive father.
Guardianship, but not custody. The father can still challenge. see links
Normally child custody sides with the Mother not the Father.
Does anyone know? we asssume this in happening in the U.S..