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That depends on prevailing law in the state where he lives, but generally, charges are not a conviction and will have no bearing on custody, unless of course, the child was found to be living in a meth house or there are other emergency reasons why a child may be reassigned on a temporary basis. Otherwise, charges are not convictions and may have no bearing up and until that time a conviction comes down. Then custody may be modified based on the same.
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Can a minor own property?
No. Although when making a decision of partitioning property or deciding who should retain such, the judge also considers which parent is to retain primary custody of the child(ren).
How long should you retain medical records for a child in CPS custody?
Your state CPS undoubtedly has regulations covering this question. Refer to your individual state's agency as I'm certain that the rules differ from state-to-state.
Can I live with my father?
Minors are not allowed to choose with whom they wish to live. That is a decision made by the court if the parents cannot reach an equitable solution as to who shall retain primary custody of the child/children. A judge may speak with a child who is mature enough to understand the matter and consider the child's personal interest, such as schooling, friends, etc., issues that will not be discussed with the minor child are which parent the child cares for more, disciplinary tactics of either parent, and so forth. The final decision of custody is based on what the judge believes to be in the best interest of the child/children and not on the preferences of any of the involved parties.
If the court awarded custody of the child to the father on what grounds would the court give custody to the mother if she took him to court?
Most courts use the best interest of the child to determine custody. If the court awarded custody to the father, it determined that living with the father is better for the child than living with the mother. In most states, you can file a new suit to modify custody after the fact. You generally have to wait for a certain period of time after the first award, and you'll need to prove that there has been a sufficient change in circumstances such to warrant changing the prior order. At that point, you would then have to prove that the child's needs would be better served by being moved to the mother's custody.Custody modifications are difficult, tedious and expensive. If you are serious about this, you need to start talking to a good lawyer.Harm alone does not reward you the custodial parent status. In most instances where harm is apparent, Child Services will intervene and correct the issue before it becomes an abusive situation. In many different ways, you must also prove the parent unfit. The process is and will be expensive, complicated and lengthly. If you have the funds and evidence to pour into a complex case, it may be in the child's best interests for you to pursue. Depending on the state the child resides, this case starts at $3500-$5000 to retain representation. You will have to petition in the state in which the child resides. I caution you, do not attempt to pursue for your own well being. The attorney representing the father will have you extensively evaluated to determine your true motive. In most cases, the original court order will not be overturned.if you could prove harm is being done to the child.
What storage requires a continuous flow of electronic current in order to retain its data?
RAM requires a continuous flow of current to retain data.
If you are unmarried can you get full child custody if you are a US resident and the father is a US citizen?
The mother can legally retain sole custody of the child until the father establishes paternity and files for custodial rights. This is an issue that is covered by "common law" and would apply regardless of the resident status of the mother. If the father chooses to petition for custody, the issue would be decided by the court based upon what would be best for the child.
Can the father take custody away from the mother just because she moved to another town?
In most cases, no. A change in custody is usually only required when the child's health, safety, or welfare is in jeopardy. So unless the mother moved to someplace like Kabul or northern Japan, she will retain custody.
What are the chances of a father getting custody of a young child when the child lives with the mother and the mother is supporting the child with food clothes and insurance?
Slim to none. Usually the courts will take the view that whoever has custody will retain custody, unless it can be proven that the custodial parent is abusing the child or the child is in physical danger.
Can a child live with his father if the mother has parental responsibilty?
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 has house rules and you don't always agree with them then this is not a good reason to want to live with your father. Your mother gives you these responsibilities so you will learn good characteristics that will make your life a whole lot simpler. You may not see that now, but will in the future. If this is the father asking the question and you have partial custody the courts have deemed it this way for a reason. If the mother is unfit and the father wants to take full custody then you should retain a lawyer asking for full custody.
You have custody of your son your ex is trying to take away your custody because you live with your fiance is it illegal in the State of Arkansas to live with someone and retain custody?
not if you are the biological parent
What happens if you don't get served custody papers in Oregon?
If you don't get served custody papers in Oregon, the court may proceed with the case without your input or defense. This could result in a default judgment being issued against you. It is important to stay informed about any legal proceedings involving custody to protect your rights and interests.
How can an unmarried mother obtain authorization to take her young son overseas if she and the child's father have never been married or established custody and the father will not sign the forms?
If the father is named on the birth certificate then the mother will have to file a writ of habeas corpus to request sole custody of the child. The father will be notified of the action and will be given a chance to contest it. The court will then rule as to which parent should retain custody or if it should be shared and if the child can be taken outside of the country. If father is not named on the child's birth certificate all the mother must do is present the birth cerificate at the time she applies for a passport for the child.
Who do I contact in reference to a father's rights where child support is concerned in NY if the Parents are not married and share equally in custody and expenses and father pays health insurance?
You will want to retain an attorney who specializes in family law in NY. Dads House see link below
What do you as a grandmother need to pick up your dead daughter's boys after their father has dropped them off at DFF?
You need to go to court and file an ex parte motion (emergency custody) and you may be granted temporary custody based on the same. To retain permanent custody, you would need to file a petition based on the same, wait for the hearing and participate in the subsequent investigation, then the judge will decide whether or not to award permanent custody to you, another party or remand the children back to the custody of the state.
Do you have the right to get the child from the custody of her mother?
You have the right to file for a change of custody with the court. You will have to present convincing evidence that the child's mother is unfit to retain custody of the child. Frankly: It is a stiff burden of proof to overcome to convince the court to remove a child from its mother's custody.
If there is no court order for custody and you weren't married can you move with your new husband who is military and your child to another country?
The answer really depends on the state in which you reside. In some states, the mother is considered the natural parent regardless of marriage (in the absence of custody orders). In other states, custody is a joint issue. However, because you weren't married, you probably retain custody unless the father pursues a court custody order. You can call the family services division of your local courthouse for precise information pertaining to your state.
If you are legally married to an absentee spouse but have a child by another man can the spouse gain custody of the child?
You can petition to have the courts recognize that your spouse is not the father of the child, and unless he can show that he has been the parent that the child recognizes despite biology, and that he is more fit to care for the child, the court shoud terminate his rights and let you retain custody.
