It depends on the situation. If the mother is unfit (using drugs, alcoholic, partying, leaving the child alone, etc.) then yes, he could fight her through the court system and probably win. If she is a good mother and the courts have said he can't have visitation rights then he has to abide by the law or seek legal counsel to try and have this request reversed. If the courts have ordered total custody to the mother and the father kept the child(vice-versa) then it could be considered kidnapping! Marcy Parental abduction is the charge used when the non-custodial parent takes a child w/o permisson or refuses to return a child to the custodial parent after visitation. Parental abduction is a civil matter not a criminal one and the custodial parent will need to seek an order of requisition from the court to have the minor child returned. When such a petition is filed a DFS/CPS investigation is automatically instigated. The findings of the investigation will determine what custodial rights are granted (if any) to either parent. Thanks for the input. I'm in Canada and I know our laws are different. We call it plain old "kidnapping" here. Sorry to use some wrong terms off and on, but, the point is made. Your post was interesting and thanks. Marcy
By petitioning the court to give joint custody to the parents. In most state, Joint Legal Custody is the standard.
If you mean Joint Physical Custody, with 50/50 Custody, this is more complicated, requiring preparation similar to petitioning for full custody.
Of course not. The father is not above the law. Whatever he is doing to keep the mother from her child, he needs to be reported to the authorities immediately. He is in contempt of a court order. The mother needs to speak with an advocate. In addition to what he is doing being in contempt of a court order she is also a victim of abuse. She needs to speak up.
Of course not. The father is not above the law. Whatever he is doing to keep the mother from her child, he needs to be reported to the authorities immediately. He is in contempt of a court order. The mother needs to speak with an advocate. In addition to what he is doing being in contempt of a court order she is also a victim of abuse. She needs to speak up.
Of course not. The father is not above the law. Whatever he is doing to keep the mother from her child, he needs to be reported to the authorities immediately. He is in contempt of a court order. The mother needs to speak with an advocate. In addition to what he is doing being in contempt of a court order she is also a victim of abuse. She needs to speak up.
Of course not. The father is not above the law. Whatever he is doing to keep the mother from her child, he needs to be reported to the authorities immediately. He is in contempt of a court order. The mother needs to speak with an advocate. In addition to what he is doing being in contempt of a court order she is also a victim of abuse. She needs to speak up.
Of course not. The father is not above the law. Whatever he is doing to keep the mother from her child, he needs to be reported to the authorities immediately. He is in contempt of a court order. The mother needs to speak with an advocate. In addition to what he is doing being in contempt of a court order she is also a victim of abuse. She needs to speak up.
Joint custody is between two parents, which are usually a mother and a father.
yes
Either parent can have physical custody in a joint custody arrangement. If there is a court order granting the mother physical custody the father should notify the court of the mother's incarceration and have that order modified unless he wants the mother to resume physical custody when she is released.
Yes. Legal and physical custody granted to the mother means full, sole legal and physical custody.
If the decision was recently made, the mother can file an appeal. Otherwise, the mother will have to prove there has been a significant/material change in circumstances - to the judge.
If father was awarded custody before and his circumstances have not changed, unless the mother's situation has improved dramatically the father has a good chance of maintaining custody.
It depends on the laws of the specific jurisdiction. In many cases, if the mother dies, custody would typically go to the father as the surviving parent with joint legal custody. However, the court may still need to officially grant custody to the father. It's essential to consult with a family law attorney to understand the specific laws and requirements in your area.
The chances are good that she will lose custody. Whether custody is granted to the father depends on whether he is capable of providing a safe stable environment.The chances are good that she will lose custody. Whether custody is granted to the father depends on whether he is capable of providing a safe stable environment.The chances are good that she will lose custody. Whether custody is granted to the father depends on whether he is capable of providing a safe stable environment.The chances are good that she will lose custody. Whether custody is granted to the father depends on whether he is capable of providing a safe stable environment.
No, unless the baby's biological father relenquishes his parental rights, he would get custody of the child if the mother dies, not her husband. The biological father must sign his rights away to the mother's husband.
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 the mother and father are talking to each other it should go this way.... Father goes to court and files a custody petition. Mom does not oppose the petition and custody is granted to the father. Visitation can be undeclared "at times that are mutually agreeable to all parties." Or visitation can be set in a court order.
The mother can still have sole legal and physical custody when the father is awarded visitations. Custody and visitations are separate matters. The mother would be required to obey the visitation schedule.
it means she has sole custody.
No. If she tries then the father should immediately seek full legal and physical custody of his child.No. If she tries then the father should immediately seek full legal and physical custody of his child.No. If she tries then the father should immediately seek full legal and physical custody of his child.No. If she tries then the father should immediately seek full legal and physical custody of his child.