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Can a step parent take custody of a step child if the spouse dies and the real parent whereabouts are unknown?
Wiki User
∙ 12y ago
yes, if the step parent name is assigned to the child.
Wiki User
∙ 12y ago
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What happens when a spouse dies in middle of divorce and there are temporary custody orders?
The child go to the other parent.
Is there any way that a parent can get custody of a child while using divorce by publications?
You will get temporary custody only until your spouse contests it in court. I am assuming that the child currently lives with you.
Is there a difference in a parent who has custody of the children but not married vs the parent that does not have custody and is getting married and is fighting for custody of the children?
Being married or unmarried is not much of a determining factor when it comes to custody nowadays. In order to have custody changed you would need to prove that either your household and parenting abilities are substantially better than the other parent, or that their situation is detrimental to the children. Having a spouse does not necessarily mean that you are better able to care for the children, especially if the other parent has had custody for a significant length of time without the children having any problems in a single parent household.
Divorce with child custody when spouse lives abroad?
A divorce with the custody of a child involved can get very tricky when one parent lives abroad. It is almost impossible to force the absent parent to pay child support, and if the parent takes the child to some countries it may be impossible for the US parent to get the child back,
If you are legally married to an absentee spouse but have a child by another man can the spouse gain custody of the child?
You can petition to have the courts recognize that your spouse is not the father of the child, and unless he can show that he has been the parent that the child recognizes despite biology, and that he is more fit to care for the child, the court shoud terminate his rights and let you retain custody.
If you have been separated for 10 years and the whereabouts of your spouse is unknown will a divorce be automatically granted in wv?
It would not be "automatic" but the petitioning spouse can receive a divorce under the state default laws. He or she will need to prove to the court that they have made every attempt possible to locate the absentee spouse before the divorce will be granted.
Can you get custody of your kids when the other spouse has been unfaithful?
Not in and of itself. In most cases, the offended spouse will get custody, because the lack of moral values on the part of the offending spouse.
What can a non custodian parent do if a custodian parent still refuses to give with the chiild for visitation during the holidays?
If you have a custody agreement that states you are to have the child at specific holidays or alternating holidays, you can file a contempt of court action against your spouse in the court with jurisdiction over the custody case. The non-compliant parent should also be made aware that their failure to abide by the custody agreement can endanger their status as a custodial parent as well if the non-custodial parent files for custody modification based on that. If you don't have a legal custody agreement on file, now would be a good time to get one. Courts are not concerned with "he said/she said" agreements.
What is the core problem with child custody?
Parents not evaluating their motives of intent for wanting custody. They must begin by being honest with themselves as to why they want to be the custodial parent of the child(ren)--Enjoy being with the child(ren);Guilt;Desire to give child(ren) as much as possible;Frustration;Hurt/spite regarding spouse or ex-spouse;Force spouse into favorable property division;Fear for child's well-being if in custody of another;Feeling that spouse doesn't really want the child(ren).see related links
In a divorce case who would get custody of a child if one spouse is unemployed?
Custody is granted based on what is in the best interest of the child and not on financial status. This is the reason that non custodial parent are equally responsible for the financial issues concerning the child's welfare.
Is it legal for a step parent to pick up a child from daycare on non custodial days of their spouse without permission from the other parent?
The answer can vary depending on the state. If it is a non custodial day, but the parent that had custody that asked them to, and they are on the daycare's pick up list, it should be fine. If the parent that had custody that day did not give prior permission, or make the request of the step parent, it could potentially be interfering with child custody. The rules of child custody can vary a lot, not only per state, but also per case. A lot can come down to who your judge is. Your best bet is to contact your family attorney, and fill him or her in on everything that happened.
Who can help find an ex-spouse if their location is unknown?
For those who aren't sure about the location of their ex-spouse, you can seek help from parent locator services at both the state and federal level. In addition, your local District Attorney can help you use the legal system to locate your missing spouse.
