Custody
Child Support
Children and Divorce

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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2009-10-26 15:31:52
2009-10-26 15:31:52

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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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.


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.


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


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.



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.



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.


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.




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.


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.


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



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.


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.


The father would be the favored person to get legal custody if the mother had custody and died unless he was found to be unfit to have custody.


Not without the permission of the child's biological mother. When a couple are not married and there is not a custodial order from the court, the law presumes that the mother has sole custody of the child in question.


Single mothers have sole custody by default. Married mother must address it with the court. Non-custodial mothers can still get a child support award from the father.


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.



That does not seem right. The father needs to go back to court and get the Judgement altered so that the mother pays the non custodial support.


That is most likely up to the court that controls custody, or to the custodial parent.




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