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In some states a petition can be filed by the primary custodian to amend the current custodial order.

The usual procedure is to file a new custody suit/petition in the appropriate state court in the county where the petitioner resides.

Judges are very reluctant to grant sole custody to one parent.

It is generally granted only when the non custodial parent agrees to relinquish their parental rights or a parent is found guilty of abuse and/or neglect and/or endangerment.

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10y ago

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How often is the father awarded custody of the child over the mother?

How often is the father awarded custody of the child over the mother in North Carolina?


How does the mother get her children from their father?

Generally, they would go take the father to court and claim for custody (protection/safeguarding) over the children.


The Child's mother dies grandma want custody of the child over the father who was married to the mother at the time of death but DNA says the father is not the biologicial father?

He can still gain custody as the presumptive father.


Can a handicapped mother sign custody over to a live in boyfriend when the father of the child wants custody?

No. The biological father have rights. Unless the court find him unfit to have custody then there might be a chance.


Can a mother sign her rights over to the grandmother even if the father has rights to?

She needs to consult with an attorney. Both parents would need to consent to a guardianship with the grandmother as guardian. If the mother doesn't want custody then the father would be the one with legal standing for sole custody.She needs to consult with an attorney. Both parents would need to consent to a guardianship with the grandmother as guardian. If the mother doesn't want custody then the father would be the one with legal standing for sole custody.She needs to consult with an attorney. Both parents would need to consent to a guardianship with the grandmother as guardian. If the mother doesn't want custody then the father would be the one with legal standing for sole custody.She needs to consult with an attorney. Both parents would need to consent to a guardianship with the grandmother as guardian. If the mother doesn't want custody then the father would be the one with legal standing for sole custody.


The judge said the father has to much control over mother and mother wants to move out state father wants to do a custody evaluation will the judge allow that after he awarded mother sole custody?

You can only try see links below


Can a father choose where his kids live with the mother?

In the United States a man does not have that kind of control over the mother of his children. If she has custody then where she lives is her choice.In the United States a man does not have that kind of control over the mother of his children. If she has custody then where she lives is her choice.In the United States a man does not have that kind of control over the mother of his children. If she has custody then where she lives is her choice.In the United States a man does not have that kind of control over the mother of his children. If she has custody then where she lives is her choice.


Father and mother never married children born in Florida father now lives in Georgia does he have to legitimize them in Georgia to have them come live with him?

If the children live with their mother in Florida and the father never established his paternity legally, a Georgia court would have no jurisdiction over the children. Their mother has sole legal custody. If the father wants to establish his "parental rights" he will need to establish his paternity where the children are domiciled. Once he has established that he is their father he can request joint custody or a visitation order and the mother can request a child support order if the children are to remain in her physical custody.If the parties want to make the change in custody by consent of the parties he should consult with an attorney to determine how that can be accomplished.If the children live with their mother in Florida and the father never established his paternity legally, a Georgia court would have no jurisdiction over the children. Their mother has sole legal custody. If the father wants to establish his "parental rights" he will need to establish his paternity where the children are domiciled. Once he has established that he is their father he can request joint custody or a visitation order and the mother can request a child support order if the children are to remain in her physical custody.If the parties want to make the change in custody by consent of the parties he should consult with an attorney to determine how that can be accomplished.If the children live with their mother in Florida and the father never established his paternity legally, a Georgia court would have no jurisdiction over the children. Their mother has sole legal custody. If the father wants to establish his "parental rights" he will need to establish his paternity where the children are domiciled. Once he has established that he is their father he can request joint custody or a visitation order and the mother can request a child support order if the children are to remain in her physical custody.If the parties want to make the change in custody by consent of the parties he should consult with an attorney to determine how that can be accomplished.If the children live with their mother in Florida and the father never established his paternity legally, a Georgia court would have no jurisdiction over the children. Their mother has sole legal custody. If the father wants to establish his "parental rights" he will need to establish his paternity where the children are domiciled. Once he has established that he is their father he can request joint custody or a visitation order and the mother can request a child support order if the children are to remain in her physical custody.If the parties want to make the change in custody by consent of the parties he should consult with an attorney to determine how that can be accomplished.


What if the father is not in the child's life and the stepfather wants to have joint custody with the mother?

Get over it..the kid doesnt want you!


If a girl gets in trouble with the law can she sign over temporary custody to her mother without the father knowing or saying so?

That's not up to the child. That is up to the courts. And temporary custody would have to go to the court system. If the mother does not already have partial custody of the child, chances are she will not be able to unless something happens to the father. And it also depends on what the charges are against her and how old she is.


If a father has full custody and the mother has not seen the kids in over a year and now father is incarcerated does his wife become the legal custodian?

This would be decided in court. Other family members (grandparents, aunt & uncles, etc.) could also petition for custody.


If the father has court ordered custody can the mother fight for custody?

Yes, a mother can fight for custody. Unfortunately, the courts are going to tell you no, if you can't prove the change in custody is beneficial to the child's well being.There were reasons why the father was granted custody in the first place. Generally, there must be a change in circumstances in order to take the case back to court. If nothing has changed there is no reason for the court to spend time going over the same case again. Perhaps the mother can prove to the court that the factors leading the court to award custody to the father have been addressed. Perhaps the child is better off with the father. The mother needs to convince the court that a change in custody is in the best interest of the child and not the mother's interest.