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Can a father get custody if other wishes for someone else guardianship?
Wiki User
∙ 11y ago
Yes. If the biological parents are fit the court will give them custody first.
Wiki User
∙ 11y ago
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If you are married to stepfather but have joint custody with father and you die can you leave kids in custody of stepfather instead of father against his wishes?
what type of mother would want this to happen ..if he is good enough to have joint custoday of his kids then why in the world would you want to give your kids to someone other then him
Can your 16 year old granddaughter live with you without parent permission?
In the US, no, not unless the court gives you custody/guardianship and the only way they will do that against the parents wishes is if the parents are proven to be unfit.
What rights does a father have if there is no court order but he pays monthly and the mother has custody and guardianship?
As many rights as the mother wishes to allow until the father protects himself with court ordered visitation and decision making rights. In some states, the father may have certain intrinsic rights, but you would need to provide where you reside and the state (or country if outside the USA) where the child legally resides.
Can a mother sign over custody to a cousin in Texas?
It is possible, but she would have to petition the court with jurisdiction for custody modification. Then she and her cousin would have to appear before the judge in a court hearing, explaining why the mother wishes to do this, whether or not there are any objections to the action from the father or any other individual with guardianship rights and then the judge would decide if it would be in the child's best interests to grant such an arrangement.
What if the father IS NOT the executor in the mothers will?
Then someone else is and must follow the wishes of the deceased.
If both parents sign over temporary custody to a grandparent can the parent who has physical custody terminate the guardianship and take the child back?
It depends on the State the parent and child reside in, the State the temporary legal guardianship was signed in, and weather or not a judge was involved. Usually a temporary guardianship is revocable by either of the natural parents, either by having a revocation notarized or by simply writing on their copy of the temporary guardianship form that such guardianship is being revoked with a signature and date of revocation. This is then presented to the temporary guardian and the child is turned straight over to the natural parent who now wishes guardianship returned to them. The temporary guardian can fight the issue and get the courts involved, but the vast majority of time things go the parents way in these regards. Again, it all goes back to circumstance and especially the State where this is all taking place. I would suggest googling "temporary guardianship rights", or see if you can look up the specific legal codes on guardianship in your state.
Your 15 year old son lives with father in tx. child wants to live with mother in ny. Father says no. What do i do before my child choses to run away to live with me?
File a petition with the court that intitially settled the custody case to amend the custody arrangement, citing the wishes of the child. At 15 the court should consider the wishes of the child as well as the situation of each parent
If you're 17 and want to move out of your aunt's house but into the custody of your mother's house or older sister but your aunt won't sign over her guardianship can you legally leave anyway?
No, when a person has been awarded legal custody of a minor, only the court can terminate the order. If the guardian choses to relinquish custodial rights they must petition the court for an order of release from custodial obligations. Any other adult can contest the guardianship and/or file for guardianship themselves if "just cause" can be established. A minor leaving the guardians home against the adult's wishes will be taken into custody and either returned to the guardian's residence, or remanded to a juvenile facility until a judge determines what action should be taken.
I'm thirteen can someone have guardianship of you when were not family?
Yes, The person would have to be chosen by your parents or appointed by a judge in some situations. There are lots of other legal things that come into play, as well as the wishes of your family.
How do you give full custody of your child to a friend of the family who lives in the U.S.?
A parent can only give a friend or relative temporary custody of a child (meaning three months or less). If one wishes to have someone take full permanent custody of their child, the parent needs to relinquish custodial rights and the accepting adult needs to apply for legal guardianship through prescribed legal methods. The other option is obviously relinquishing parental rights so the child can be adopted. The legal process is quite different however if the child is not a U.S. citizen.
If spouse takes child out of state against your wishes can she collect child support?
If the mother has the full custody then she can take the child, and she can get the child support. If she doesn't have the full custody, then she is not allowed to take the child without the father consent, but she still can get the child support.
Can a 16-year-old move in with his mother against his dad's wishes when his dad has custody of him but he has been living with his stepmother instead of his dad for 2 years and not his dad?
You can not decide where to live at this age but tell your mother you are not living with your father so she can bring this to court and get custody of you. You can not just move out against his wishes so better your mother go through the proper channels.
