Can a parent with visitation rights and shared legal custody take child out of state?
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.
Not if you have court ordered visitation rights or shared custody.
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.
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.
Their rights are set forth in several different areas such as the laws of the state that has jurisdiction over the child, federal law regarding travel out of the country,court orders for custody and visitation and divorce agreements. Any deviation from them would have to be addressed by a court order. If they have joint legal custody they have the right to be included in all decisions that affect the child, the right to access… 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.
Yes, if he has visitation rights or shared custody, she will need his consent.
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.
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
How do you get custody if you are a father not married On the birth certificate but your son is out of state on a native American reservation?
If your son is Native American it will be close to impossible to get him away from the reservation due to the Indian Child Welfare Act (ICWA). If his mother is a fit parent they would not take him away from her. if you move to his state you can get shared custody and visitation. To get your parental rights you have to prove paternity with a DNA test and then you can petition the… Read More
Is there another name for full custody where you have children but other has visitions rights etc im afraid of him messing up again but also a dad should be invovled with their children if it come?
Typically if one parent is primary, and the other parent has visitation rights that is less than 40% of the time, you may have joint custody. In this situation, the children may live 60% or more of the time with one parent, but both parents make decisions regarding health, education, and religion for example. If you have a 60% - 40% up to a 50% - 50% then this is shared custody.
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
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
You need the permission of the court, and the father. His visitation rights must be considered. If granted, special provisions may apply.
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.
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
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.
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
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.
If he wants his parental rights he must establish his paternity legally by a DNA test. He can then petition the court for shared custody, visitation and pay child support. The mother has sole legal custody of her child until then.
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.
Your sons father is married to another women and was when you became pregnant and you want to know if he can still get custody?
If he has been to court to prove paternity so he can get his parental rights then, yes he can petition for it. He can also petition for visitation and pay child support. Custody, shared or not, is one of the parental rights biological parents have. One parent being married to someone else will not matter unless the spouse is not suitable around kids (since they live together).
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.
If he has partial or shared custody, or if he has been granted visitation rights, she is breaking the law. He should consult his lawyer and have the suit pressed in court. If he has no parental rights whatsoever, then too bad for him.
No, he has visitation rights. If she wont let him in the house he has the right to see his child somewhere else. If the court agrees he can also get shared custody.
No. The father must obey the visitation order that was issued by the court that has jurisdiction over the case. If he continues to violate the visitation order and continues to exert negative influence on the child rather than trying to mitigate the situation, he could lose both any shared legal custody and visitation rights.
yes and no you decide let your mind do the thinking and relax ADDED: If the court order decrees that both parents have shared custody, or have rights of visitation, you may have to do the visitation so that both of your parents can have your company and be involved in your upbringing.
If you were married to the mother when the child came or if you were not and have been to court to prove by DNA that you are the biological father so you get your parental rights, you can also petition for custody and visitation. Custody is usually shared though unless the mother is unfit. if you have not been through the court and is not paying court ordered child support, you have to go… Read More
If you are not married, which I assume considering your ages, it's always the mother unless the father has been granted custody by the court. If not married he should petition the court for visitation rights and shared custody or he does not have much to stand on if she says no.
What custodial rights does an illegal immigrant mother have to a child out of wedlock with a US Citizen?
Immigrant status play no part when it comes to parental rights so she has the same rights as every US single mother which means she has full custody and is the legal guardian of the child since birth. The father have to prove paternity by DNA and can then petition for shared custody, visitation and pay child support.
What can the biological father do if he pays child support but the mother wont let him see or talk to the kids?
If you have a court order for visitation rights or shared custody and she is breaking the court order you have to report her to the court. If you don't have such order get one. Child support order and visitation order are two separate things.
No she can not move out of state without the fathers consent. If he also have shared custody or visitation rights, it has to be worked out so the court orders are not broken and the court will have to consent too.
The mother. The father have to petition the court for shared custody.
They don't use a percentage system. The basic child support obligation is determined using a worksheet, based on the combined gross income of the parents. You'll use one worksheet to determine child support when you have basic visitation, and another worksheet when you have shared responsibility. "Basic visitation" means one parent has physical custody and the other parent has visitation less than 35% of the time; and "Shared responsibility" means each parent provides a suitable… Read More
In the United States when the custodial parent dies, the non-custodial parent automatically gains custody unless they've been deemed unfit.
Get a restraining order. If he has visitation or shared custody you can have someone else drop him off and pick him up.
School is not a place of visitation, and ultimately the school is responsible for returning the child to the custodial parent at the end of the day, unless that specific custodial parent has notified the school of other arrangements. In this situation, it is imperative that the court order that sets forth legal custody be on file at the school. You need to check the laws in your particular jurisdiction by consulting an attorney or… Read More
If the parents are married, yes. If one parent has sole custody that parent can consent.
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.
If the father have visitation, shared custody or paying child support she will need his and the courts consent.
Can a mother be charged with parental kidnapping if she takes her child out of state and she was never married to the father?
Yes, if: - The father retains sole physical custody of the child, the mother has visitation rights and took the child out-of-state during a time she did NOT have visitation with the child; OR - The father retains sole physical custody of the child, the mother has absolutely no parental rights to the child and took the child out-of-state at any time. No, if: - There is a custody arrangement in place, whether as a… Read More
What rights does an illegal immigrant have to his child he shares with a citizen and in the event of the death of the mother can he raise the child in his country against a written will of the mother?
Tricky and the laws will depend on the jurisdiction. Most will not allow a minor outside of their jurisdiction, so that they can validate the welfare of the child. You need to go to court to get your parental rights if you have not already. Immigration status have no bearing on parental rights so if the mother dies you will get the child. She can not will the child away from the other parent. It's… 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.
Not if there is a court order for visitation or shared custody. She would then need your permission and the courts.
If the parents share custody there must be a custody order and visitation order. Those orders must be followed. Neither party has the right to make changes without a new court order.
What can be done when every time my 15 year old visits and he gets disciplined he calls his mother and she picks him up We are divorced and she's telling him he doesn't have to visit?
You have to put your foot down. This is your child too and you have the right to discipline him/her. When your kid isn't there talk to your ex and tell her that you would like her to back you up on this. If this doesn't work then you have to contact an attorney who who will get you a court hearing OR you can petition a local US court yourself. NOTE: Non-custodial parents or… 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.
If there's a court order for visitation or shared custody and you do not make the child go, you are breaking the order and there will be consequences from the court if the non-custodial parent report it. Any changes to the order has to be done in the court that issued it. The child is not allowed to choose until he is 18.
They can deny it, but you can appeal. How well prepared is your case? see links
There are 2 basic issues in regards to custody: Physical or residential custody - Which parent the children will live with. This parent is referred to as the Residential Custodian. Legal custody - who will make the decisions on behalf of the children concerning health, education, religion and general welfare. The most common form of custody is Joint Legal Custody. This is where the children live with one parent (residential custodian) while the other parent… Read More
Joint custody means shared custody. In cases of joint custody in which the two parents do not live in the same location, the usual procedure is that the child will be shared by periodically moving him or her from one address to the other, at something like 6 month intervals. One parent could have the child from January to June, so the other gets the child from July to December. However, the two parents can… Read More