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Yes, depending on the circumstances. Generally, the parent who has custody must be deemed unfit for the court to remove the children from their custody. You should seek advice from an attorney who specializes in custody issues in the jurisdiction where the children reside.

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โˆ™ 2012-10-11 15:01:07
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Q: Can an out of state parent gain custody of children?
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Related Questions

If custodial parent moves out of state and leaves child with noncustodial parent does the noncustodial parent automatically gain custody?

No, but the non-custodial parent has a pretty good case for getting custody in court.

If the divorced parent who has full custody gives up all rights to child to the state may the other parent gain custody?

Yes, this could happen.

How can a father gain custody of his children living in another state?

you have to apply through the courts

How do you re- gain custody of your children?

Have sufficient evidence that: 1.) You are a fit parent and/or 2.) The guardian of the children is an unfit parent and then: present the information in front of a judge in a court of law.

If the custodial parent is unemployed can this help non-custodial parent get custody?

No. Losing your job is not in and of itself grounds for losing custody of your child. The parent who wants to gain custody would need to file a motion for custody and convince the court that the custodial parent is unfit and that it would be in the best interest of the child to award custody to the other parent.

Can a parent gain full custody of a child that is 18 years old?


How do I gain custody of a minor from biological parent?

Non-parent custody is granted only under certain circumstances and through specific procedures. The rules vary by state, generally you must follow specific court procedures and provide clear proof that harm will come to the child if the non-parent custody is not granted. It is best to consult an attorney.

How can you best gain custody of your children who are currently living with their mother and the mother is a drug dealer?

How can you best gain custody of your children who are currently living with their mother and the mother is a drug dealer

Can a non custodial parent gain custody if legal parent is in jail and child has no guardianship?

Yes unless they are found to be unfit.

Can a custodial parent in a joint legal custody arrangement gain primary physical custody of the child if the noncustodial parent violates visitation agreement by taking the child over several days?


How do you gain child custody if the person who has custody is a perfect parent in the court's opinion but is really a complete witch?

You have to prove your case and convince the court.

How can you gain custody of a non relative?

Absent the consent of both biological parents, it is very hard to gain custody of a child that is not biologically relate to you. An adult who wants custody of a child but is not their birth parent faces an uphill battle. Courts rarely grant non-parents these rights because it is believed that the birth parents provide the best guidance and most attachments to the children. It is only possible for a non-parent adult to win custody of a child if they can show that they are:* psychologically the child's guardian, or* the biological parent(s) are unfit to be parents.Both of these hurdles are extremely difficult to clear and even if they are met, the non-parent custody must still be shown to be in the child's best interests.

Does a step mom have any say or rights to her step children if the biological mother lost all rights to her children?

No. A step parent can only gain rights to step children by going to court and file for adoption or in some cases, custody.

Is it legal to pay a parent to relinquish custody of a child in Texas?

No, because it is considered bribing, and even if you could, I doubt a parent would give up a child for money if they are suing or have custody in the first place. If you want said child, you can sue for custody of the child. If you cannot gain custody, then the next best thing to do is sue for visitation.It's not legal to pay a parent to relinquish custody of a child in any state! But if the parent in question has a child support award, he or she will be free of paying child support or being in any way responsible for the child from that day forward.

Can an unmarried father with a prison record gain custody of children?

That is dependent on the circumstances.

How can a father gain custody rights to his children in the state of Kentucky?

If the parents are unmarried the father must establish his paternity legally. Once he has established his paternity he can petition for custody, visitation and a child support order can be established. Unless you can prove the mother is unfit to be a parent, it is really hard to take custody away from the mother in Kentucky. However, a father may be awarded joint custody or/and a visitation schedule. He should seek the help of an attorney who specializes in custody issues.

Can you move out of state with your children without the permission of their biological father?

That depends entirely on where you live. Here in Florida,the mother is assumed to have full natural parental rights and can move her children as she pleases, with or without the father's consent unless there is a contradictory court order. Check your state child custody laws. If you live in a joint custody state, you'd have to gain his permission or fight for a court order that gives you full custody.

What Is Meant By Custody?

The word custody means possession. Example: John and Melissa and divorced and have three children, John took Melissa to court to gain custody of the children, the Judge gives custody to Melissa due to John's hidden drug charges."

Can a non custodial parent get emergency custody from a custodial parent if the custodial parent is giving child adhd medication against physician orders?

The noncustodial parent would have to call the state's child abuse hotline and report this to them, and then await their instructions on how to gain custody of the child if they should be taken away from the parent.

How can relatives gain custody of children from unfit parents?

You will probably need to take it to court, or report to child services. You have to have evidence if anything if you are going to gain custody. Now this may not be a accurate answer, but that's what I would do.

Can a non custodial parent gain custody while in contempt due to owing back child support?

The court would be unlikely to reward the non-support of a child by taking custody from the custodial parent and granting custody to the delinquent parent. There must be a compelling reason for the court to make such a drastic change in the child's living arrangement. You should consult with an attorney who can review your situation and explain your options.

What is the Florida law on cohabitation if children from another relationship are involved Can the father of the children living with mother and boyfriend use this law to gain custody of his children?

you will go to jail

Can mother move out to another city while father is trying to gain custody of children?

It's dependent on the distance.

What percentage of children that are removed from parents are given to grandparents for permanent custody?

Not enough unfortunately. Usually, if the child is removed from both parents' care before legal guardianship is established, the child is remanded to the custody of the state. At that point, it becomes more difficult (and expensive) for grandparents to gain custody. There are heartbreaking stories all over the place of grandparents trying in vain to get custody of their grandchildren.

How do you gain custody of a family member if the minors parent does not agree?

If the parents are unfit you have to report this to the Child Protective Service. The court will then decide where the children will go to after taking the parental rights away from the parents. You can petition to be appointed the child's legal guardian.