Can a parent relocate if she has shared custody with the father?
The mother. The father have to petition the court for shared custody. Read More
Not take but they can petition for custody in court. Unless the parent is unfit the most they will get is probably shared custody though. Read More
What are the rights of the mother who has shared custody of the child but is not the custodial parent?
same as a father under the same conditions. What the court orders say. Read More
I am pretty sure they can if they have the permission and have custody over some of the child that is shared with the other parent. Read More
Shared legal custody means that both parents have equal rights to make decisions regarding the child. One parent may have physical custody with the non-physical-custody parent paying child support. Read More
In the United States when the custodial parent dies, the non-custodial parent automatically gains custody unless they've been deemed unfit. Read More
The parent with physical custody receives child support from the other parent. If the parties have shared custody the court will use state guidelines to determine if someone pays child support and how much. Read More
If the parents are married, yes. If one parent has sole custody that parent can consent. Read More
He would have to petition the court. Unless the mother is unfit though he will get shared custody. Read More
Yes of course. Unless the custodial parent is unfit the judge would not just change it though but there is also shared custody. It's up to the court to decide. Read More
Not if you have court ordered visitation rights or shared custody. Read More
Arkansas has no true shared custody, and therefore the judge always indicates which parent has prime custody. Even if the parents agree to shared custody, the non-prime parent is only given the right to the standard visitation unless the parties work out and submit in writing a more lenient visitation schedule. I k now this to be true, because my son and his ex got a divorce and asked for shared custody. The final decree… Read More
You should refer to your custody agreement for specifics. Generally, shared custody allows either parent to freely travel with children without regard to provincial boundaries as long as you remain in Canada, but custody agreements can be modified. Better to check first than to be sorry later and if you have any questions about it, better yet to consult with an attorney first. Read More
If they are the parent and they jabe custody, yes, that is one of their rights. If they have shared custody, an agreement must be made with all persons that have custody as well. If they are not the parent, then they have no right to take the child anywhere, unless that permission is explicitly granted to them by the parent or guardian. Read More
Child support laws vary from country to country, state to state etc. Quite often, even in a shared custody arrangement, the parent that earns more money may pay some child support to the other parent to equal out the living standards. Read More
Generally, as an unmarried mother you already have sole custody of your child under the law in every state. The father must establish his paternity in court in order to obtain shared custody and visitation rights. Until he does, you have sole legal custody. Read More
Only if both of you agree to it Read More
Only if she is unfit or willing. Otherwise the most he can get is shared custody. Read More
* If the father has full custody of the children, yes. * If he has partial or shared custody with the mother, it may be a violation of parental rights; that area is quite dicey, so talk to a lawyer. * If the father has no custody but does have visiting rights, then again, talk to your lawyer. * If the father has no rights to the children, then there is no crime committed. Read More
It is unlikely that the court would order "shared custody". If the mother is unfit the grandmother can petition to be appointed the legal guardian of the child. However, the father must consent. It is unlikely that the court would order "shared custody". If the mother is unfit the grandmother can petition to be appointed the legal guardian of the child. However, the father must consent. It is unlikely that the court would order "shared… Read More
If you are the custodial parent but work at night does the biological father have the right to take custody of the children?
If you have custody awarded or appointed by the court, the father will have to go through the court to get custody. Usually, to reverse such an order, he would have to prove that being in your custody is detrimental to the children. There is shared custody. They have lived with the mother since the divorce four years ago. He has not paid any money for support. Mother has had children more than the 50%… Read More
What is the difference between sole custody and sole physical custody when joint legal custody is shared?
Physical custody means that a parent has the right to have a child live with him or her. Some states will award joint physical custody to both parents when the child spends significant amounts of time with both parents. Joint physical custody works best if parents live relatively near to each other, as it lessens the stress on children and allows them to maintain a somewhat normal routine. Where the child lives primarily with one… Read More
Can a parent take a child from the legal guardian and get temp custody after no contact with child in 10 years in the state of kansas?
After such long time it would be if the legal guardian is unfit. They would have to see to the child's point of view who has not seen her parent in 10 years and do not know him. Most likely would the parent get visitation and eventually shared custody. Eventually he has the chance for sole custody. Read More
The father got custody years ago the children are 9 and 14 and he won't let me see them. How old does the child have to be for visitation in Colorado and can I fight for visitation?
Yes of course you can. Visitation rights or shared custody should be settled when they are babies. There should have been a visitation order entered at the time the father was granted custody. There is no age restriction. Unless you were deemed an unfit parent you have the right to a visitation schedule. You should return to the court that issued the custody order and request a visitation schedule. Read More
you need to have proof of this. testmomials, documents, people to testify Read More
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… Read More
Not out of state and country, no. The court orders still have to work. You would need consent from both the other parent and the court. Read More
A biological father has the right to sue for sole custody, shared custody, or visiting rights to the child; even if he was never married to the mother. He may have to have genetic testing done to prove he is the father if this is at issue. Read More
What are the chances of stepmom getting primary physical custody of a child when father has sole physical custody and stepmom only has shared legal custody and is separated from dad?
There are too many variables to provide an answer. The biological parent would be the primary choice although the court may consider extenuating circumstances such as keeping the child with biological half-siblings. If it is true that the step mother has shared legal custody pursuant to a court order she may also be able to obtain physical custody. You need to consult with an attorney who specializes in custody issues in your jurisdiction. There are… Read More
There are two types of custody recognized by law: physical and legal. Physical custody pertains to who the child lives with. Legal custody pertains to who is responsible for making decisions on the child's behalf. If you have sole physical custody the child lives with you all the time, although the other parent may be given specific visitation rights allowing them to have the child in their care at certain times and the other parent… Read More
Minor child has a passport non-custodial parent with shared legal rights does not want child to leave the country Can non-custodial parent stop the child from leaving?
my sister has full custody of her daughter, however, the father has visitation rights. He calims that as the non custodial parent there's a law that states that he should be the parent to keep her passport under his possession. Can you please confirm if that is accurate. Read More
What do you do to have your son at twelve move to mn with you when he lives with his dad in pa and you have no custody papers?
First you need custody of him and the only way to get that is by going to court. If the father then have shared custody or visitation rights both he and the court have to then give you permission to move the child out of state. You also, satisfactory to you both, solve the issue about the child being able to see both parents so the visitation or shared custody order is not broken. So… Read More
Can a father get custody if he did not sign the birth cerificate but the DNA test said he the father?
Yes he can. The birth certificate does not give him parental rights, only the court can when he presents the DNA result. But if the mother is in the picture it will be shared custody at the most unless she is unfit. Read More
Not if she is a suitable parent. The child have the right to both parents so shared custody is most likely. Read More
Yes, with equally shared custody and if the parties have similar incomes. Read More
Are you allowed to take your child out of the country without telling the father even if his names on the birth certificate?
Not if he has visitation rights or shared custody. Read More
Yes, if he has visitation rights or shared custody, she will need his consent. Read More
Get a restraining order. If he has visitation or shared custody you can have someone else drop him off and pick him up. Read More
That depends on income difference and time with child. Some sole custody fathers still have to pay. see link Read More
I am unmarried my child was born in Ohio and we live here. My child's dad lives in Virginia. Can he get custody of my child?
Generally, he would need to petition the Ohio family court for custody and provide evidence to the court that you are an unfit parent. He can also request shared custody and a visitation order. You should request a child support order. You should consult with an attorney who specializes in custody issues. See related link. Generally, he would need to petition the Ohio family court for custody and provide evidence to the court that you… Read More
No! There must be good reason and proof before either parent of a child can take total custody if the courts had already given shared custody between the parents of that child. It's best to seek legal advice to be sure you maintain the custody of your child. Good luck Marcy Read More
You can move within the state without permission from the court or the other parent but the court order of shared custody have to work so that would mean you will have to plan so it works. Read More
The mother automatically have custody from birth and the father can petition for custody, visitation and also pay child support after he has proved paternity in court by providing a DNA test. As long as the mother is fit he will get shared custody at the most. Read More
If the father have visitation, shared custody or paying child support she will need his and the courts consent. Read More
Yes, if the father has more time with the child than the mother, she will owe him child support. Read More
If a father is planning a family vacation and doesn't tell the mother that he and the child will be in Mexico for a short time is that illegal?
yes, to enter Mexico with a minor you must have a writen permit from the other parent, and also for returning to the usa. If the father has full legal custody then he may apply for a visa or passport for the minor and take the minor out of the US without permission of the mother. If custody is shared the terms of the custodial order and the laws of the state in which it… Read More
Can the father collect child support if a 17 year old in a shared custody no child support situation chooses to live with him?
Yes, as long as the legal custody schedule is changed, child support can also be adjusted. Read More