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Does a child have a say if both parents are looking for custody of them?
Wiki User
∙ 13y ago
Only Indiana and Texas has laws setting out a specific age at which a child can make a choice the court is required to abide by, and even than there are some limitations. With those states, it is age 14. In all other states, the general rule of thumb is that a 12 year old can express and opinion, however the judge is under not legal obligation to consider, or even hear it. In either case, a motion to the court must be filed for a determination to be made. However, the child should be informed that there are alternatives to choosing to live with just one parent. The child should also be advised they can express a choice that they remain in one home and each parent can live with them for a designated period of time, than switch. This is called Bird Nest Custody. Check link below for more info.
Wiki User
∙ 13y ago
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If parents have joint custody of a child is the mom entitled to child support?
In Wisconsin, it depends on who has physical placement of the child. It may also depend on who has the higher income of the both parents. It is possible that even with joint custody you will still have to pay child support to the other parent. Joint custody simply means both parents have equal rights in making decisions for the well-being of the minor child/children. The person with whom the child resides the majority of the time is the person who generally receives support to be used for the child's needs. If the time is equally divided the court will decide if and how any child support will be allocated, based upon income levels of the parents and the needs of the child.
If you have joint custody can your teenager live with either parent?
The guidelines are basically the same in every state but obviously there are a few minor differences. Joint custody consists of Primary Custody & Secondary Custody. The parent with primary custody is who the child lives with & the other parent has secondary custody. Depending on the age of the child & the state in which they reside, the court may let them determine where they choose to live. Or if both parents agree on the child's decision then the child can live with either parent.
Can a custodial parent prevent the non-custodial parent from having someone else pick the child up from school?
School is not a place of visitation, and ultimately the school is responsible for returning the child to the custodial parent at the end of the day, unless that specific custodial parent has notified the school of other arrangements. In this situation, it is imperative that the court order that sets forth legal custody be on file at the school.You need to check the laws in your particular jurisdiction by consulting an attorney or an advocate at the family court. Your question implies a non-custodial parent taking the child out of school during the school day. Generally, Unless the parents have shared legal custody, the non-custodial parent has no right to remove the child from school.The parent with sole legal custody should make certain the school has a copy of the court order that granted them sole legal custody. If someone other than the custodial parent will be picking up the child during the school day the parent should notify the principal in writing and also call to confirm. If necessary, the school should have on record a copy of the visitation schedule if the non-custodial parent will pick the child up after school on their visitation days.
Who has custody when both of the parents names are on the birth certificate?
Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.
Can a family member other than a parent file for custody if parents are unfit?
Yes. I am a family member that has full legal custody of a my grandychildren because both parents were found unfit by a Juvenile Court and Children Services agreed because of "best interest of the child" The parents were given 22 month to work a court order caseplan, but failed to comply so I was given custody of the children. The parents have visits on the 2nd and 4th Saturdays of the month and no overnights. The parents were also ordered to pay monthly child support.
In Pennsylvania can you move out of state with joint custody?
Joint custody is a court order whereby custody of a child is awarded to both parties. In joint custody both parents are "custodial parents" and neither parent is a non-custodial parents, or in other words the child has two custodial parents.
If both parents have joint legal custody who decides to send child to boarding school?
If both parents have joint legal custody, both parents must agree on the child going to boarding school. If one parent made the decision with out the input of the other, this would break the custody agreement.
Can a parent have the court order the child to remain in parents custody until 18yr of age?
If you are divorced and granted custody that court order is valid unless the other parent (or the state) get custody for whatever reason (if both parents become unfit etc). And custody lasts until the child is 18. You can not get a guarantee from the judge that you as a parent will have custody until the child is 18. There are 2 parents and according to the law both are allowed to seek custody of their child.
How do i receive child support from both parents?
Child support is not paid to the child. It would be payable to the person who currently has legal custody of the child or to the State if the State has custody.
Who is financially responsible for a child if he is ward of the state?
Both parents are. The parent who does not have residential custody usually pay child support to the one who has residential custody to be used to pay for the child. Both have to pay for their child.
What or who defines child custody?
Parental Custody is whoever the child lives with. Joint custody is when a child lives part time with both parents or when each parent shares in raising the child. They make decisions together.
If parents are divorced and they both have custody of an underage child do you need both parents consent of child leaving the country without a legal guardian leaving with them?
yes
If a child wants to change there last name to the parent's last name with sole custody does he or she need consent from both parents or just the one with sole custody?
you need both of the parents to agree to have their child's last name changed
Can parents be granted on order through the courts to keep their child in their custody until the child turns 18?
No. As parents you already have custody but a judge can not give you a guarantee that no matter what will you keep that. The best of the child comes first and if you for some reason is found unfit down the road the child would need a new guardian. If you are divorced and granted custody that court order is valid unless the other parent (or the state) get custody for whatever reason (if both parents become unfit etc). And custody lasts until the child is 18. You can not get a guarantee from the judge that you as a parent will have custody until the child is 18. There are 2 parents and according to the law both are allowed to seek custody of their child.
How is joint custody of a child decided?
Joint custody of a child can be decided by the parents whereby they share responsibilities for the child. Schedules can be worked out so the child spends time with both parents. Courts can also decide to award parents joint custody in the case of legal disputes and indeed some states have a preference for this in law.
Who is the custodial parent when custody is fifty percent for each parent?
If the parents share physical and legal custody equally then whoever the child is with at the time is the custodial parent. Both have equal parental/custodial rights.If the parents share physical and legal custody equally then whoever the child is with at the time is the custodial parent. Both have equal parental/custodial rights.If the parents share physical and legal custody equally then whoever the child is with at the time is the custodial parent. Both have equal parental/custodial rights.If the parents share physical and legal custody equally then whoever the child is with at the time is the custodial parent. Both have equal parental/custodial rights.
If mother of a child wins full custody does it mean that all child support payment stops?
No. A child is entitled to be supported by both parents.
