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Can a father have custody when the mother is involved in domestic violence?
Wiki User
∙ 11y ago
yes in very rare cases depending on how bad it is
Wiki User
∙ 11y ago
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Can I get full custody of my son his father is in prision for drugs and domestic violende?
If you are a single mother, and there are no court orders in place, you already have sole custody. Otherwise, yes. Under the Violence Against Women Act, a judge is not allowed to even consider the validity of a claim of domestic violence in deciding custody.
My sons father has a few domestic violence cases on his record and went to jail and rehab now he wants joint custody is that possible?
Yes in some states and counties it may be possible for the father of your sons to obtain joint custody despite his past criminal record of domestic violence and rehabilitation which could also help him.
If the father is in jail for domestic violence at the time of a custody case does the judge usually give the mother sole custody?
Yes, the safe environment of a child always comes first, so your chances of gaining full custody are high.
If your boyfriend who is the father of your daughter is threatening to take her and not give her back what are your rights?
Unless their is custody involved the girl's father is able to take her and not give her back. If their is custody involved and he takes the girl and won't give her back then that would be considered kidnapping.
Does father need to tell mother where he lives?
Provided that he's not a victim of domestic violence, yes.
Does Wisconsin honor child custody orders from Michigan?
This is interpretive. Generally under the Uniform Child Custody Jurisdiction And Enforcement Act ("UCCJEA") they are suppose to, however this does not preclude other conditions. A mother can run to another state than claim a fear of domestic violence. This than invalidates any orders from another state under the Violence Against Women Act. Unfortunately, the states also have a history of not honoring father custody orders from other states or countries. The was a case of this in Clay County, Missouri. The father with an order from Texas had to kidnap his child and return the Texas.
Will you be able to get joint custody of your kids if you got domestic violence 4 degree misdemeanor in Ohio?
Depends on a few other factors. 1. Father or mother? 2. Did you actually loose custody and for what reason? 3. The status of the other parent/guardian? 4. What is your status? Status meaning, what kind of living conditions the kids will be subject to.
Can an unwed mother take the kids away from the father and never let him see them again after she was charged with domestic violence?
Since there is a history of domestic violence in this case, the father must establish his parental rights as soon as possible. Once his parental rights have been legally established he will have equal parental rights and as indicated below he can petition for custody. He should be diligent about collecting compelling evidence to submit to the court including copies of any police reports. He should also hire an attorney who specializes in custody issues in his jurisdiction. Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Remember, a child's mother can always be identified by medical records. Since the father didn't give birth and he was not legally married at the time of the birth he can establish his paternity through a DNA test. A paternity test can be arranged through the court. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.
Can a child be taken from a custodial father who has been charged with domestic violence?
Yes. The matter can be brought before the court with jurisdiction over the custody order. The court will assign an investigator who will provide a report and the court may make a modification of the custody order if it finds sufficient cause.The court may wait until the domestic violence charge has been adjudicated or it may make a temporary change while that claim is being investigated.Yes. The matter can be brought before the court with jurisdiction over the custody order. The court will assign an investigator who will provide a report and the court may make a modification of the custody order if it finds sufficient cause.The court may wait until the domestic violence charge has been adjudicated or it may make a temporary change while that claim is being investigated.Yes. The matter can be brought before the court with jurisdiction over the custody order. The court will assign an investigator who will provide a report and the court may make a modification of the custody order if it finds sufficient cause.The court may wait until the domestic violence charge has been adjudicated or it may make a temporary change while that claim is being investigated.Yes. The matter can be brought before the court with jurisdiction over the custody order. The court will assign an investigator who will provide a report and the court may make a modification of the custody order if it finds sufficient cause.The court may wait until the domestic violence charge has been adjudicated or it may make a temporary change while that claim is being investigated.
What happens if you move to another state and you don't inform a friend of the court or the father?
You could potentially lose custody. Why would you do this unless there are domestic violence or legal issues between the two parents. If there is documented abuse on record, at least send the Court a letter regarding the move.
You have joint custody how do you get primary custody if father is comtempt of court?
Being in contempt of court can help the other party gain custody but does not automatically guarantee it. Many times a mediator or guardian has to be assigned to change custody. Attorneys and judges also get involved in this decision.
My husband and I have had full guardianship of our 6 year-old grandson for almost 5 years. His father has filed for divorce. What can we do to continue keep him I have been told to try to get custody. There has been domestic violence with the parents.?
Unfortunatley you will have to wait until your name comes up on the list for section 8 housing.
