Can a military father win custody from an illegal alien mother?
Yes. If the mother is an illegal alien, she has no legal standing in US Family Courts. As such, if she brought the case to court, she could quite likely be facing deportation. As a military father, he has not only the legal rights to the child, who is also a legal US citizen, but the child has the right to remian in the US, and the father unquestionably demonstrates the ability to provide financially for the child, which the mother will be unable to prove.
Of course. Same general custody rules apply for a parent if in the military or not.
The mother has presume sole custody and control, regardless of the circumstances in all states.
This would be dependent on circumstances, such as the mother being abusive.
He can but I doubt he will get it since immigration status has no bearing on custody and parental rights..
She can probably get her father to appeal for custody.
If the mother is an illegal immagrant and can not work in the US can the father who is a USC get 100 percent custody of the child but also allow mother visitation right?
First off, a single mother, regardless of status, has sole custody. The father has no assumed parental right, so he will be starting from scratch. Can he get custody? There's no more guarantee in this than for any single father. see link
well they would have to be adopted or the friend would have to be a foster home
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.
Whoever it is better for the kids to live with.
The agreement between 2 parents is custody to mother but weekends for father if the mother dies who would get custody?
the father gets the custody of the child if the mother dies
Not at all unless it is against the consent of the father. Then the father has right to demand custody unless a civil case is filed.
Does an illegal father have rights to u.s born child mother is also a us citizen parents are not married does the father have legal rights to this child?
It depends. In pakistan, the father has the custody. In US, both parents would be considered for custody, however case is stacked against father from get go based on his illegal status in US. However if mother is considered as responsible parent (based on her past), she might not have a problem wining the case.
If the father has primary custody of his kids and is not responsible for them is there a chance that the mother can get them back?
Only if the mother can prove repeatedly that the father is not responsible. Our custody case is in FL and our lawyer told us that when my husband deploys with the military that his children can remain in our home and do not have to relocate to the mother's home for the 6 months he will not be there.
How does a family member get temporary legal custody of a minor child when the mother is in the military and father in jail?
petition the court via an attorney
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.
Yes. His immigration status bear no significance when it comes to parental rights.
Can an illegal mother become a citizen or legal resident if her child was born in the US and the father of the child is an American military personnel?
Having a US born child and an American military personnel will not favor an illegal mother. She can try to legalize her status at the earliest.
I believe that the Mother should always have full Custody.. After the father is a convicted felon
Can a father in wi. get temporary full custody if mother is homeless?
Yes very likely since immigration status has no bearing on parental rights.
If the father has custody but the mother raises the child can the mother get partial custody of the child?
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.
If the mother and father were not married when they had a child does the mother get full custody of the child?
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.
How often is the father awarded custody of the child over the mother in North Carolina?
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… Read More
In most circumstances the mother gets primary custody.
Joint custody is between two parents, which are usually a mother and a father.
If a mother with phsical custody is incarcerated will the father with joint legal custody be automatically awarded custody of the child?
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.
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.?
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.
Can a father who has joint custody with the mother stop her from visiting another state with the child
No, although most courts favor custody to the mother.
The child is an American citizen if the child was born on American soil. The child should be able to stay in the US with the father. Unless the mother takes the child with her. There could be a custody dispute between the mother and father, it should be what is best for the child.
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… Read More
The Child's mother dies grandma want custody of the child over the father who was married to the mother at the time of death but DNA says the father is not the biologicial father?
He can still gain custody as the presumptive father.
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… Read More
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?
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.
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.
Well, if he's paying child support, that means she has custody of at least one child who is under 18. So, by law, no, it is illegal for the mother to move out of state without telling the father.
If the mother has sole physical custody and shares joint legal custody with the father the two never married if the mother dies does custody automatically go to the father?
Does anyone know? we asssume this in happening in the U.S..
Guardianship, but not custody. The father can still challenge. see links
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.
The mother. If she dies, her parents get custody.
If a biological father has had no contact with his child then can he get custody of him if something happens to the mother?
Unless the biological father has relinquished custody, he can ask the court to grabt custody in case the mother dies or cannot take care of herself.
No, there must be a court order that gives sole custody to the father. If the mother has full custody, it is called kidnapping.
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… Read More
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… Read More
A child does not need to be abandoned by their mother for a father to be awarded full custody. If the father can demonstrate before a judge that the mother is unfit to parent, the judge can award him full custody of the child.