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Can your ex-wife who is not the mother of your children get custody of one of your children?

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2017-12-11 23:23:16
2017-12-11 23:23:16

It is unlikely unless there are extraordinary circumstances and she can prove you are unfit to have custody of that child. Courts seek a placement that is in the best interest of the child and the biological parent is the first choice.

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No, he would be charged with kidnapping. She has custody since birth since they were never married and he never went to court for custody.One case can be, if the mother is not financialcapable to care of the child, the the father may proceed but firstly the mother must be agree for that.

The court care about what is in the best interest of the children and just because one parents had an affair does not mean they are unfit to parent. It can be shared custody or one get it. The court wants the children to have access to both parents. The affair will not be the thing that decides custody.

If you are a father. You must prove the mother unfit, drugs, abuse, prison record, etc... IF you are a mother, depending on the state you live in they would allow soul custody because you are the mother. If the father is unfit and you live in Utah and/or California where they are for the father as well and want to do joint custody in most of those two states, the father must pretty much be unfit such as abuse, drugs and/or prison record for the mother to get full custody. That is pretty much when the only time I have known any parent to get full custody of their children.

When the mother and father share the decision making when it comes to the children is called a joint custody. In this set up, both parents can have access to the records of the child or children and can live with one or the other according custody schedule ordered by the court.

If your husband has full custody of the children then you do not have to inform him you are moving out of State. However, it's very callous of a mother not to inform her ex where she is going so at least he can contact her if there should be a health emergency with one of the children and your children consider you their mother and will not understand why their mother left them. You may not care about leaving your children behind, but life catches up to you and you will care one day and it will be too late to make amends.

The courts can rule either way and it depends on the gay laws in your State. Some courts may still grant the mother full custody if they feel the environment is safe for the children and many courts prefer the children to be with their mother. It is worth it to fight this in court, but for the sake of the children you should go for joint custody. Children only see their 'mom and dad' and know little else. To be taken away completely from one parent is extremely traumatic for children.

There are three types of joint custody.Joint Legal Custody Similar to sole custody, whereby one parent still retains primary residential custody and control of the children.Joint Physical Custody Otherwise referred to as Split Custody, each parent has residential custody and control of the children 50% of the time.Bird Nest Custody The children remain in the family home and each parent resides there for a designated period of time, then switch.

Of course not. It is inside a woman's body. No one apart from the mother can obtain "custody" of a fetus. Custody battles must wait until the child has been born.Of course not. It is inside a woman's body. No one apart from the mother can obtain "custody" of a fetus. Custody battles must wait until the child has been born.Of course not. It is inside a woman's body. No one apart from the mother can obtain "custody" of a fetus. Custody battles must wait until the child has been born.Of course not. It is inside a woman's body. No one apart from the mother can obtain "custody" of a fetus. Custody battles must wait until the child has been born.

If you were not married when the child was born you have to prove paternity in court by a DNA test and if she refuses you can get a court ordered one. Then you can petition for custody, visitation and pay child support. Unless the mother is unfit they will not give you full custody though.

YES. It is rare for a mother to not have custody of her own children. By default, mothers always have custody, unless something terrible has happened. In this case... twice. She might be the playing kind, but definitely not the marrying king.

In order to get interim custody, you will need to petition the court. When children live with one parent, and the other has visitation, but there is no order in place, the parent whom the children live with has what is called defacto custody.

No one apart from the mother can obtain "custody" of a fetus. Custody battles must wait until the child has been born.

There are no black and white answers to questions like this one. It would all depend on why the mother doesn't have custody, why the sister does, why the father doesn't, and your state's laws.

The father would need to provide compelling evidence that the mother is unfit and the children would be better off in his custody. That is not likely since the father has no job and therefore cannot support the children.

If mother and father can not agree upon this issue then it will most likely go to court. Depending on the age of the children and the courts impression of mother and father, they would most likely favour the Mother, especially if she gets house. It is harder for a father to get custody of children, but providing children want to stay with him, and he keeps house... then the chances are high. This is no simple question with only one answer. Other implications apply.

Children should not be placed in the custody of a person who is mentally ill and not possessed of good judgment. Mental illness is one of the reasons a parent can be declared unfit for custody of a child.

It depends on the custody order, if there is one. If there is one, then no. If there is not one, but he pays support, then no. It's complicated and you should ask legal council. If you just take your children, it could be kipnapping. Becareful.

AnswerYes. The best interests of the children would be the court's focus.

It indicates that one parent has the child or children less time than the primary custodial parent. For example the children may reside with the mother the majority of time, and have visitation with the father on weekends, holidays, etc. The parent with primary custody is the one who has specified rights to make decisions such as schooling, medical care and so forth. Joint custody indicates each parent has equal rights as to how the children are cared for in the above mentioned instances, and other contributing factors. Sometimes the court specifies such rights in the custody order, sometimes they are only implied.

She needs to consult with an attorney. Both parents would need to consent to a guardianship with the grandmother as guardian. If the mother doesn't want custody then the father would be the one with legal standing for sole custody.She needs to consult with an attorney. Both parents would need to consent to a guardianship with the grandmother as guardian. If the mother doesn't want custody then the father would be the one with legal standing for sole custody.She needs to consult with an attorney. Both parents would need to consent to a guardianship with the grandmother as guardian. If the mother doesn't want custody then the father would be the one with legal standing for sole custody.She needs to consult with an attorney. Both parents would need to consent to a guardianship with the grandmother as guardian. If the mother doesn't want custody then the father would be the one with legal standing for sole custody.

Depends, can be shared btw both, one could have custody and the other just vistitations, or one could have custody and there other has nothing.

Those circumstances do not give the father rites of custody. The courts grant rights to custody based on the safest and most conducive environment for the children, with a traditional bias toward custody for mothers.Sadly, trying to prove one or the other is the betterparent is a pointless endeavor. The adversarial nature of US courts is such that one parent must prove the other is less than fit or unfit, and THAT is not a conducive environment for children.

In reference to a married couple, they are equal as regards the children, but in the real world, the mother can still get the father arrested for child abduction because of the prevailing assumption that she has custody. A male police forgets to ask for proof of custody. By the time it gets straighten out, the mother has filed a motion for temporary custody. As such a father should not even consider this unless the first stop after leaving the house is the courthouse to file his own motion.


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