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Can a mother deny her child the right to testify in her dads favor for custody?
Wiki User
∙ 11y ago
Unless the judge ask for it or the child lives in a state where he/she is old enough for a judge to listen to, the child will not be heard. It's the parents or court who decides custody and the child can not choose. If the child will be heard he/she has the right to say whatever they want.
ClarificationCourts rarely require a child to testify in a custody matter and if they do, the judge is more likely to speak with the child privately rather than have them "testify" in court. The child cannot be "called as a witness" for one party. If the judge wants to speak with the child the parent cannot refuse. In most cases the judge will order an evaluation by one or more court appointed professionals (psychologist, pediatrician, social worker, attorney, etc.) who will then submit a report of their findings and recommendations to the judge to assist her/him in rendering a decision. The judge will then, in some cases, interview the child.
Wiki User
∙ 11y ago
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Does the birth mother have automatic custody if she and father are married?
No, although most courts favor custody to the mother.
Does an unwed mother in new york get automatic custody?
It's not clear what you mean "automatic custody." The default state is for the natural parents of a child to be the custodians of that child; if the mother is not married or at least cohabitating with the father it's generally assumed that she will be the custodian. Changing that requires a deliberate legal process. If someone (for example: the child's natural father, or the child's grandparents) wants to contest it, they will have to go to court. In that case, while it's not "automatic" that the mother will win, courts do traditionally have a strong bias in favor of the natural parents (again, particularly the mother).
When the parent have joint custody and the child gets taken by social services who gets the child if one parent is found unfit?
Generally, if one parent is found to be unfit the other parent will have sole legal and physical custody. Courts favor the biological parent in regards to custody.Generally, if one parent is found to be unfit the other parent will have sole legal and physical custody. Courts favor the biological parent in regards to custody.Generally, if one parent is found to be unfit the other parent will have sole legal and physical custody. Courts favor the biological parent in regards to custody.Generally, if one parent is found to be unfit the other parent will have sole legal and physical custody. Courts favor the biological parent in regards to custody.
Who volunteers to testify in favor of Ponyboy and Johnny?
cherry valence
Can a judge rule in favor of the mother taking a child out of the country if the father doesn't want the child to go?
certainly
Is there any possibility of you getting primary custody of your ex-husband's nephew if you've both had legal custody of the child since he was 2 days old and the nephew's mother is in prison?
You will need a good lawyer for this and you will have to prove he's an unfit guardian or father. The courts favor leaving the child with their biological parents(s) if possible. If you're lawyer is good and knows some previous cases he may just have the courts lean in your favor. If your ex is good to his nephew then you don't stand a chance. Marcy
Can a grandparent retain custody of their daughter's unborn baby if they have power of attorney over the daughter?
No, the girl has all rights to the child and once she has the child, she can get help from the state to raise her child or put it up for adoption. A grandparent can take the girl to court and try to get custody of the child, but the courts seem to favor the natural parent unless there is abuse.
You and your girlfriend had a baby and are living together now. Things are not going well and you are going to separate. What are your chances of getting full or joint custody of your son?
Unless the mother is somehow unfit to be the custodial parent your chances for full custody are slim. Courts favor placing children with their mother. You would have better luck requesting joint custody.
I dont want to live w my mom anymore she emotionally abuses me I'm 14 and live in Illinois Are there any laws that can benifit me help my other parent gain full custody?
There are laws against child abuse. If your mother is actually abusing you, you could talk to a school counselor or to Child Protective Services. Assuming your other parent WANTS custody, evidence of abuse would be a very strong argument in their favor.
Why did the judge allow your wife to keep getting child support even though he ruled in your favor for temporary full custody?
You stated that you have been awarded only temporary custody but you have not stated the reason. The judge may be considering that the children will be returned to their mother's custody at some point. There may be a significant difference in income levels and the mother needs the child support to maintain the residence. If you want to know the reason in your particular case you need to visit the court and ask to see your file. You can review the order and any reasoning behind it. If you still have questions about your case you can ask the court clerk to help you find answers.
In the state of TN who gets custody if the parents were never married?
The welfare of the child should be the main issue. The best parent or maybe both paremts should have custody. Who is to say that one parent is better than the other with out prove of child abuse. During custody battles, the parents are so wrapped up in themselves that the children are not actually considered. the mother has sole custody if she is not married, a father has many more rights if the child has his last name, or if he is named on the birth certificate. However, if an unmarried mother has a child who has the father's last name and she gets the child taken from her by the state, the father would actually have to file a custody petition in order to try and get custody. Nothing is automaticly in his favor there.
Can a nineteen year old get custody of her three year old nephew?
Not likely, courts award in parents favor meaning a court would prefer a child grow up with the parents, and unless you are rich and extremely stable a judge won't give custody of a child to a nineteen year old.
