0
Can the mother of your child move him out of the county prior to your scheduled court hearing to establish custody and visitation?
Wiki User
∙ 14y ago
No, but you should file an injunction as a precaution and notify the state department.
see links
Wiki User
∙ 14y ago
Add your answer:
Earn +20 pts
Do you have the right as an unwed mother to deny the biological father visitation rights?
You do not have the right to deny visitations but if you do, the father can and should request a court hearing to establish his paternity and get visitation rights. He can request custody or joint custody and the court will render a decision. If the child is to remain with the mother the court will set up a child support order and the father can file contempt charges if the mother withholds visitation or violates the visitation order in any other way.
Is an ex-wife allowed to see her children if she failed to appear in court for the custody hearring?
If she was awarded visitation rights in the custody hearing (and that can happen whether she was physically present at the hearing or not) or files a motion for visitation at any time and it is so ordered by the court, yes she may.
How does the father go about seeing their child if the mother has temporary custody?
The father should request a visitation schedule from the court immediately. That should have been done at the hearing for temporary custody.The father should request a visitation schedule from the court immediately. That should have been done at the hearing for temporary custody.The father should request a visitation schedule from the court immediately. That should have been done at the hearing for temporary custody.The father should request a visitation schedule from the court immediately. That should have been done at the hearing for temporary custody.
How long does a custody hearing take in Florida?
My husband is going through a custody battle in Florida right now and we filed seven months ago and there is no hearing as yet... Still working through the preliminary "stuff" and custody has not been even heard as yet with no scheduled date for a hearing. I know some states there is a law that states custody hearings are given the utmost importance... Florida apparently is not one of them.
How does a father file for joint custody of his child when parents where never married and mother won't let him have visitations?
An unmarried father must establish his paternity and arrange for a custody hearing if he wants custody, joint custody or a court ordered visitation schedule. You should be represented by an attorney because this is an important issue and you should have the opportunity to be a part of your child's life. An attorney knows the court, your rights and can do the best job of presenting your case to the court. Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Remember, a child's mother can always be identified by medical records. Since the father didn't give birth and he was not legally married at the time of the birth he must establish his paternity by signing the birth certificate at the time of birth (waiving DNA testing rights) which must be done with mother's consent. If he doesn't sign the birth certificate then he must seek another way to establish his paternity and that is done through a DNA test. A paternity test can be arranged through the court. Once paternity has been established the father can request visitations, joint custody or full custody. If the father desires a visitation schedule he can request that the court issue a visitation schedule. The court will also issue a child support order if the child is to remain in the custody of her mother. The court will schedule a hearing and issue orders that are in the best interest of the child.
What rights does an unwed father have regarding custody of a newborn in the state of Indiana?
The father may establish paternity his paternity through a paternity affidavit that must be filed with the state Department of health within 72 hours of the birth. Otherwise the general means by which an unwed father can petition for custody is as follows. Remember that in order to obtain legal and physical custody he must show that custody in the mother would not be in the best interest of the child. An unmarried father must establish his paternity and arrange for a custody hearing if he wants custody. Generally, if the parents are unmarried the mother has sole custody and control in every state until the father can establish his paternity. Remember, a child's mother can always be identified by medical records. Since the father didn't give birth and he was not legally married at the time of the birth he must establish his paternity by signing the birth certificate at the time of birth (waiving DNA testing rights) which must be done with mother's consent. If he doesn't sign the birth certificate then he must seek another way to establish his paternity and that is done through a DNA test. A paternity test can be arranged through the court. Once paternity has been established the father can request visitations, joint custody or full custody. If the father desires a visitation schedule he can request that the court issue a visitation schedule. The court will also issue a child support order if the child is to remain in the custody of her mother. The court will schedule a hearing and issue orders that are in the best interest of the child.
If a mother with phsical custody is incarcerated will the father with joint legal custody be automatically awarded custody of the child?
I think it depends on how long the mother will be incarcerated for. There might be a hearing giving the father temporary custody. But if the father ever tries to get full physical custody of the child in the future, it might not be good for the mother. However, she can never be refused visitation.
If a parent has sole custody can the other parent visit whenever they want?
Only if that arraignment was made in the custody part of the divorce settlement. If it wasn't so stipulated, then the non-custodial parent must patition the divorce court for a new custody hearing.
Unmarried fathers rights?
An unmarried father must establish his paternity and arrange for a custody hearing if he wants custody. Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Remember, a child's mother can always be identified by medical records. Since the father didn't give birth and he was not legally married at the time of the birth he must establish his paternity by signing the birth certificate at the time of birth (waiving DNA testing rights) which must be done with mother's consent. If he doesn't sign the birth certificate then he must seek another way to establish his paternity and that is done through a DNA test. A paternity test can be arranged through the court. Once paternity has been established the father can request visitations, joint custody or full custody. If the father desires a visitation schedule he can request that the court issue a visitation schedule. The court will also issue a child support order if the child is to remain in the custody of her mother. The court will schedule a hearing and issue orders that are in the best interest of the child.
How can a parent get full legal custody if there are no existing custody or visitation orders?
If a child has lived with one parent their entire life, with no custody or visitation arrangements, it is assumed the mother has sole custody. Generally, until the father establishes his paternity in court, the mother has sole control over the child. Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Remember, a child's mother can always be identified by medical records. Since the father didn't give birth and he was not legally married at the time of the birth he must seek other means of establishing his paternity and that is done through paternity test. A paternity test can be arranged through the court and once established the father can petition for custody. The court will schedule a hearing and the father must present his evidence and argument. The court will review the testimony and evidence to determine if a change in custody is warranted and render a decision. At the same time the court will address child support and if the father is not awarded custody he can request a visitation schedule.
Married conceived another mans baby can he force paternity?
Yes, and he has rights to visitation, and if he likes, he can arrange to have a custody hearing, if he feels he can prove you unfit. Such as if you cheat on your husband, or are having marital problems.
If the parents of an unborn child live in different states how is custody determined?
One would think that there would be a court hearing scheduled in which the parents from both states would attend.
