Custody

How can you get custody of a child when the mother left the state they where living in with the child?

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2014-07-01 01:28:15
2014-07-01 01:28:15

Normally child custody sides with the Mother not the Father.

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A mother who has sole custody of a child may leave the state with the child. If the mother shares custody, she has to have consent for the other parent or the court before leaving the state with the child.



Once a child is in state custody I don't think the mother has a say in who adopts the child. However, you may be allowed to meet the adoptive parents.


Can a father who has joint custody with the mother stop her from visiting another state with the child


As the mother has left he child and moved to another state, the entire custody will be given to the father. And the mother will have no voice.


Depends on why and how long the grandparents have had the child and why they have not applied for legal custody. They do not have more legal rights to the child than the mother. Consult a lawyer who is familiar with your state laws.


No. You need to contact the state that has custody to determine your rights. If you go and get the child you may be guilty of custodial interference.


If the mother has legal custody but leaves the state and doesn't have physical custody of your child then that must mean the child is with someone who doesn't have custody. I assume you are not married. In that case, you must establish your paternity in court and request legal and physical custody. If the mother has left the state without taking her child with her the court will certainly want to know who the child is with and will certainly consider awarding legal custody to the other biological parent, you.Perhaps you can convince the mother to consent to your getting legal and physical custody. If not sole custody, then joint legal and physical custody.You should consult with an attorneywho specializes in custody issues. The attorney can review your situation and explain your rights and options.


The mother. The father have to petition the court for shared custody.


Sole custody and control. Father has nothing except a child support obligation.



Yes, if:- The father retains sole physical custody of the child, the mother has visitation rights and took the child out-of-state during a time she did NOT have visitation with the child; OR- The father retains sole physical custody of the child, the mother has absolutely no parental rights to the child and took the child out-of-state at any time.No, if:- There is a custody arrangement in place, whether as a written or oral agreement between the her and the father, or as an Order for Child Custody, and the mother retains primary or joint (equally shared) physical custody of the child; OR- There is no custody arrangement in place between her and the father, and there is no Order for Child Custody in place, but she retains primary or sole physical custody of the child and/or the father never bothered to petition for custody; OR- There is a custody agreement in place between her and the father, or there is an Order for Child Custody, and the father retains primary or sole physical custody of the child, IF the mother has visitation rights and chose to take the child out-of-state while she had visitation with the child;- Just about any other scenario, other than the two described above under "yes," not otherwise described here.To sum this up, no, the mother probably cannot be charged with parental kidnapping simply for taking her child out of state. The mother has a legal right to travel wherever she chooses with her child unless a court tells her otherwise. In fact, the mother may move out-of-state with the child permanently if she so chooses, and there is nothing the father can do.The fact that the mother and the father were never married is completely irrelevant. The only difference between unmarried parents and divorced parents, is that divorced parents usually submit a custody plan to (or, more often, one parent receives an Order for Primary Physical Custody from) the family court, which explicitly outlines which parent has custody and which has visitation. If the parents never married, and the child lives with the mother, she is the custodial parent (which means she has primary physical custody of the child) and she can take the child wherever she pleases, whenever she wishes. The father has no legal claim to or right to control how the mother cares for the child while she retains custody, and the mother is certainly not required to seek permission or even notify the father of her intent to leave the state with her child so long as she retains custody,


No. If the child's' mother calls the police you could loss custody of your child and possible go to jail. If I was you I would contact a lawyer who specializes in child custody cases. If you can get a notarized letter from the mother saying it is okay and giving you full custody.




Custody would normally go to the closest living relative, and if there are no relatives available, the child becomes a ward of the state.


The mother must provide the address where the child will be living because the father has the right to that information in the best interest of the child. If she does not, the father should return to court and request a hearing on the issue. A mother who continues to be uncooperative in that way could lose custody.The mother must provide the address where the child will be living because the father has the right to that information in the best interest of the child. If she does not, the father should return to court and request a hearing on the issue. A mother who continues to be uncooperative in that way could lose custody.The mother must provide the address where the child will be living because the father has the right to that information in the best interest of the child. If she does not, the father should return to court and request a hearing on the issue. A mother who continues to be uncooperative in that way could lose custody.The mother must provide the address where the child will be living because the father has the right to that information in the best interest of the child. If she does not, the father should return to court and request a hearing on the issue. A mother who continues to be uncooperative in that way could lose custody.


Whether or not a mother can take a child out of the state without the father's consent depends on the custody order that is in place. If there is no formal agreement, she does not need permission to leave the state with the child.


Not if the mother still have custody. He better have a good explanation to tell the judge why he has not seen his child for a year. If he has a good reason they would probably start with visitation. Full custody he can not get unless the mother is unfit.



Yes a child can receive medical benefits if the mother has sole custody and the father dies. The state will provide the mother with assistance which will include medical benefits for the child. This can happen with or without the father passing on.



Petition the court for an emergency custody hearing before she leaves the state - without the courts custody agreement in place she can move at will.


YES, IF SHE HAS SOLE CUSTODY OF THE CHILD AND THERE WAS NO AGREEMENT TO STAY IN THAT STATE. OR IF NEITHER PARENT HAS LEGAL CUSTODY EITHER PARENT COULD DO THAT


With or without the child? Which state did the custody order originate? You haven't provided enough information for anyone to give you an accurate answer.



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