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Do you have a court order saying you have visitation? Are you the biological father? If so then YES. Go back to court and file for custody.

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โˆ™ 2009-10-26 15:31:52
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Q: Does the father have any custodial rights in Texas if the mother has custody but the child lives with the grandparents?
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Can a Noncustodial mother relinquish custody to custodial father?

If the mother is already the non-custodial parent, then the custodial father already has custody. If the question is meant to ask if the mother can give up her parental rights, then you would need to petition the court.


When a mother dies and the biological father is unknown does the stepfather get custody over the child's sister?

Without a Will, he has no clearly defined custodial rights to a stepchild, but unless addressed in a custody decree, neither does the father. Guardianship reverts to the maternal grandparents.


How do grandparents get access to grandchildren?

The grandparents can get access towards there grandchildren by the mother and father dies and they get them. Or the grandparents file for custody of the children


Non custodial father rights after child's mother dies?

he needs to file for custody


Can you live with your grandparents if your mother wants you to live with her and your dad says she is an unfit mother?

Depending on your age and the state requirement, you can apply for emancipation and challenge your mother's right to custody. * If the mother has primary custody the minor child will have to abide by her wishes until either the father petitions the court and receives custodial rights or the grandparents petition the court and receive guardianship rights. It is not for a relative or spouse to decide who is an unfit parent. That is a decision made by the court of jurisdiction. A minor who is involved in a custodial dispute is not eligible for emancipation.


Can the father of a child sign his custody rights over to a grandparent?

Not if there is a mother in the picture who has custody rights. If the father has sole custody he can voluntarily consent to the appointment of his grandparents as guardians but it will need to go through the court. You should consult with an attorney.Not if there is a mother in the picture who has custody rights. If the father has sole custody he can voluntarily consent to the appointment of his grandparents as guardians but it will need to go through the court. You should consult with an attorney.Not if there is a mother in the picture who has custody rights. If the father has sole custody he can voluntarily consent to the appointment of his grandparents as guardians but it will need to go through the court. You should consult with an attorney.Not if there is a mother in the picture who has custody rights. If the father has sole custody he can voluntarily consent to the appointment of his grandparents as guardians but it will need to go through the court. You should consult with an attorney.


How does a father get temporary custody of his child?

Child is residing with maternal father and grandparents (father's side) in Shelby County. Mother's address unknown, but in Shelby County. What are father's options for temporary custody?


Should the father have to pay child support to mother if child is living with the grandparents in il?

The answer is NO. Child support exists so the custodial parent can get help from the non-custodial parent to pay for the child's expenses like food, clothing, roof over their heads etc. If the Mother is not the custodial parent she is NOT entitled to Child support. So if the grandparents have custody of the child the child support should go to them directly. This have to be modified in the court where the child support was issued.


Can grandparents seek custody if both mother and father or unfit parents?

Yeah, they have several of the same rights.


Is your maternal grandparents our mother or father?

They are your Mother's parents. Paternal grandparents are your Father's parent.


If a mother has full custody can the father file for child support?

No. If the mother has full custody, the father must pay child support to the mother who is supporting the child. Put simply, the non-custodial parent pays child support to the parent who does have custody.If the custodial parent makes significantly more than the non-custodial parent, the court will not order the non-custodial parent to pay the custodial parent. There are formulas for each state and county that the courts follow. There are also circumstances that do not follow typical guidlines.


Grandparents have legal custody of child. Can the mother get custody if father doesnt agree?

That change in legal custody can only be accomplished by a court order. Only a judge can make that decision after hearing testimony. The judge will review the reasons why custody was awarded to grandparents and the reason for the father's objections. A decision will be rendered based on the best interest of the child.


If father has primary custody and goes to work out of state and step mother stays home with child can the mothers grandparents try to get custody for that time?

They have no court standing


Can a mother transfer her parental rights to her mother before offering custody to the child's father?

No, if what is meant is, can a biological mother of a child give custodial rights to her mother without the necessity of court procedure and/or the agreement of the biological father.


Can a mother have a letter notarized giving custody of her children to the grandparents?

Guardianship, not custody


If father has primary custody and goes to work out of town and step mother stays home with child can the mothers grandparents try to get custody for that time?

can try, but they would not have standing


How can you stop the father from getting joint custody?

You would have to show that he is an unfit parent, and that it is in the best interest of the child for the mother to be the custodial parent.


What are the rights of the mother who has shared custody of the child but is not the custodial parent?

same as a father under the same conditions. What the court orders say.


Can grandparents get custody of child if mother's whereabouts unknown and father in prison?

Yes most definitely, I was granted custody to my grandparents at age four because my dad left before i was born and my mom was a drug addict and couldn't be found.


Scenario A US citizen mother and an illegal immigrant father What is the maternal grandparents rights if something happens to the mother?

The same under all possible scenarios. Unless specifically stated in a custody decree, they get the child. In Kansas, if the children are under five and the mother is married to the man, and together, the maternal grandparents have first right to take the children under the tender years doctrine. Unless specified, no divorced or single father has a presumed right to the children when a custodial mother dies.


Who gets custody of an unborn child?

No one apart from the mother can obtain "custody" of a fetus. Custody battles must wait until the child has been born. The biological mother always retains custodial rights to a child when the couple are unmarried, until paternity is established and the biological father petitions the court for custodial or visitation rights.


How does a father get custody of his child when the mother is proven unfit and the maternal grandparents have temporary custody?

That change in legal custody can only be accomplished by a court order. Only a judge can make that decision after hearing testimony. The father must submit a petition for sole custody in the family court. The judge will review the reasons why temporary custody was awarded to grandparents and the reasons for the mother's status as an unfit parent. A decision will be rendered based on the best interest of the child.In matters involving custody the father should be represented by an attorney who specializes in custody issues if possible.


Is it considered irreparable harm if mother has prescription drug abuse problem is incarcerated in SC for me to get emergency custody of my children in KY?

If you are the father, the minute that the mother went to jail, you should have gotten custody of your children. If the mother (assuming she is the custodial parent) is incarcerated, then the non-custodial parent should file for an emergency hearing and get custody of the children. State lines are not as important as the welfare of the children.


What rights does a custodial mother have if she's in jail?

Custody of her kids


What if custodial parent is found to not be the biological father and there is no previous custody agreement does he loose all his rights and have to give the child back to its mother?

How can he be the custodial parent if there's no custody order? His relationship with the child would be the primary factor here. If he didn't know, Paternity Fraud may be an issue for the mother.

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