Custody
Children and the Law
Child Support

Can a mother who has sole custody not allow a father to see his child if he has joint guardianship?

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2011-06-25 16:07:34
2011-06-25 16:07:34

Not without the approval of the courts.

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No. A father has the right to see their child. Only the court can bar visitations. A mother who refuses to allow the father his visitation rights risks losing custody.


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.



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.


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


If you are a father. You must prove the mother unfit, drugs, abuse, prison record, etc... IF you are a mother, depending on the state you live in they would allow soul custody because you are the mother. If the father is unfit and you live in Utah and/or California where they are for the father as well and want to do joint custody in most of those two states, the father must pretty much be unfit such as abuse, drugs and/or prison record for the mother to get full custody. That is pretty much when the only time I have known any parent to get full custody of their children.


Your biological father has custody until he voluntarily agrees to turn over legal custody to another responsible adult. If you can discuss this with your father and he is willing to allow the change in legal custody then the case must be brought to the local probate court where the parties must file a petition for legal guardianship.


No. The custodial parent cannot give custody only the court can do that. Her relinquishment of custody would require that the court allow a guardianship and appoint the guardian. If she petitions the court to appoint a guardian you should be notified by the court and will have the opportunity to object or consent.No. The custodial parent cannot give custody only the court can do that. Her relinquishment of custody would require that the court allow a guardianship and appoint the guardian. If she petitions the court to appoint a guardian you should be notified by the court and will have the opportunity to object or consent.No. The custodial parent cannot give custody only the court can do that. Her relinquishment of custody would require that the court allow a guardianship and appoint the guardian. If she petitions the court to appoint a guardian you should be notified by the court and will have the opportunity to object or consent.No. The custodial parent cannot give custody only the court can do that. Her relinquishment of custody would require that the court allow a guardianship and appoint the guardian. If she petitions the court to appoint a guardian you should be notified by the court and will have the opportunity to object or consent.


u must go to the court and request a modification on the divorce terms to allow the child to live with the father. If the mother agrees it is easy. if the mother objects then it gets a little harder because father will have to demostrate not only that the child wants it but that it will be in the best interest of the child that the father get the residency custody.


You haven't provided any details about marital status and existing parental rights.If he doesn't presently have parental rights and custody- the answer is no. If the parents are unmarried the mother has sole custody until the father has established his paternity legally and petitioned the court for custody and won. The school should not allow the father to take the child. The principal should call the mother to notify her of the situation. The state where the child lives has jurisdiction over that child.If the father had no parental rights the mother should contact the police immediately.You haven't provided any details about marital status and existing parental rights.If he doesn't presently have parental rights and custody- the answer is no. If the parents are unmarried the mother has sole custody until the father has established his paternity legally and petitioned the court for custody and won. The school should not allow the father to take the child. The principal should call the mother to notify her of the situation. The state where the child lives has jurisdiction over that child.If the father had no parental rights the mother should contact the police immediately.You haven't provided any details about marital status and existing parental rights.If he doesn't presently have parental rights and custody- the answer is no. If the parents are unmarried the mother has sole custody until the father has established his paternity legally and petitioned the court for custody and won. The school should not allow the father to take the child. The principal should call the mother to notify her of the situation. The state where the child lives has jurisdiction over that child.If the father had no parental rights the mother should contact the police immediately.You haven't provided any details about marital status and existing parental rights.If he doesn't presently have parental rights and custody- the answer is no. If the parents are unmarried the mother has sole custody until the father has established his paternity legally and petitioned the court for custody and won. The school should not allow the father to take the child. The principal should call the mother to notify her of the situation. The state where the child lives has jurisdiction over that child.If the father had no parental rights the mother should contact the police immediately.


Everyone has or had a father. If the father is deceased or the mother has been granted full legal custody then the mother can allow her minor child to marry. If that is not the case, the biological father consent will be necesssary also or the court will have to waive the necessity for such consent.



The father must establish his paternity in the family court and petition for a visitation schedule and/or joint custody. The father should act immediately.


Only if your father agrees to allow it.


The assumption here is that a husband, in the process of a divorce, has filed for custody and the mother is countering it by claiming that he is not the father. She can do this.



If married, and not living in Kansas. If the mother had a custody order, and first right of refusal is not declared in the orders, he will need to file a custody challenge against her parents. Kansas has an old law that does not allow widowers to have custody of young children. The maternal grandparents can take them.


Of course not. In the United States an unwed mother has sole custody of her child until the father has established his paternity legally, in court. Then he must petition for custody and/or visitation rights. He cannot make any changes in the custody of the child via a power of attorney. The unwed mother should exercise her parental rights aggressively and not allow grandparents or the father to take control of her "rights".


Speak to your father or a trusted adult. If there is abuse, Child's Protective Services could force your mother to not allow her boyfriend at the house.


The father would need to prove paternity if the parents were not married. He would also need to provide evidence the change in name is in the best interest of the child. If the child lives with the mother who has custody it is unlikely the court will allow the name change. If the father didn't marry the child's mother there is no reason for the court to allow the child's name to be changed.


If the father has visitation rights and the mother refuses to allow the father those rights, then the father can sue the mother in a civil contempt proceeding. If she doesn't have a good reason for disallowing the visitation then she can be held in contempt of court. There are various remedies including giving the father more visitation to make up for the visitation that was disallowed by the mother or even giving the father custody, but usually, the judge will just order the mother to allow the visits. His paying or not paying child support has nothing to do with whether or not he gets visitation (i.e. he gets visitation regardless of whether or not he is current with child support).


A mother cannot give her child away. She can consent to a guardianship (or an adoption) whereby some other responsible adult would petition the probate court to be appointed the child's legal guardian. The child's father must also consent. If he doesn't consent or is not available, the court would conduct a hearing and could allow the guardianship depending on the circumstances.


If you live in the US... Unless Mom's parental rights (different thing than custodial rights) have been terminated or she can be proven unfit, she's first in line for custody, so if she wants custody, she will get it (no matter what Dad wants)


Yes. If the parents sign their consent it is likely that the court will allow the guardianship after the situation has been evaluated.Yes. If the parents sign their consent it is likely that the court will allow the guardianship after the situation has been evaluated.Yes. If the parents sign their consent it is likely that the court will allow the guardianship after the situation has been evaluated.Yes. If the parents sign their consent it is likely that the court will allow the guardianship after the situation has been evaluated.


As a general rule in Most developed countries, the Mother gets custody automatically by giving birth. Some countries only allow for shared custody if parents marry.It depends. Some places, if parents live together, the father and mother can sign a paper to share custody, but if the mother refuses then she get sole custody and the father will have to go to court to get it shared.If mother lives alone with the child and does so adequately in regards to the child, then her say is what really matters, although the father might disagree.In some cases disagreements go to the judge of which normally would pay regards to the mother if she is and has done a good job in the upbringing without the presence of the father..The above is equally same if a father lives alone with the child. Then his words count.If both parents live together, then they should both be having a say regarding the minor unless one party just withdraws from his/hers responsibilities.Regards.



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