Fortunately California is more advanced than other states when it comes to equal rights between Mothers and Fathers.
Any good Fathers with a good relationship with their children should have a very good opportunity to a shared custodial arrangement.
To obtain full custody, you generally have to prove that the Mother is unfit, for example, a serious alcohol or drug abuse problem, mental instability, physical abuse etc.
I have been litigating cases on behalf of Dads for thirty years. The problem with most Fathers being unable to obtain custodial rights, is a lack of preparation on their part. You have to know how to act, what to say and what to do in an evaluator's office and in court if you want a fair chance at success.
For some reason Mothers tend to study, prepare and ask questions much more frequently than Fathers, thus the reason they are more successful.
If you would like more information about knowledge and preparation to achieve success with custody, go to http://www.fatherswincustody.com. You will learn the 10 biggest mistakes people make in custody and how Fathers can succeed.
I hope my answer is of assistance to you.
The father needs to file a motion in the court with jurisdiction over the case. The father will need to provide reasons and evidence for the change in custody. To obtain sole custody he will need to convince the court that the mother is an unfit parent. The court will consider the petition and issue a ruling after the hearing.
See Link Below
Child Custody- Can Fathers Win
My answer to that would be 'No'. The father is responsible for providing child-support regardless of who has custody of the child; at least until the age of 18.
not if your cold hearted This full depends on related circumstances. These usually apply when she has no idea who the father is, or at least claims that, and you've become a primary influence in the child's life. The drawback of this is that you can be prevented from getting custody or visitation rights, because you're not the father, while being obligated to pay child support. see link below
With no courts orders in place, the father has no legal right to have the child living with him. The mother has sole custody and control in all states, and he can still be obligated to pay support for this time period. He needs to immediately file a motion with the court to establish his rights and for at least temporary custody, pending a full hearing, before she gets wind of the fact that she can take the child away from him at any time. see links below.
The father has as much legal right to the child as you do. You cannot simply choose to raise the child alone if the father has a desire to be involved in the child's life. As long as the courts don't find him to be a danger to the child, he will at least be awarded visitation and at most partial custody. In regards to the other child, the judge will definitely take that into consideration. If he can show that he's providing good quality care to the other child, it will stand as proof that he is qualified to raise a child. If the quality of care he's providing is poor, it might hinder his case. It's entirely up to a judge.
If the mother has sole custody of the child, then yes -- the father doesn't need notification. With joint custody, the answer may vary, but in most cases the father must be at least notified. The permission would be from a judge, not the father.
My answer to that would be 'No'. The father is responsible for providing child-support regardless of who has custody of the child; at least until the age of 18.
Whoever has physical custody of the child for more than 50% of the year (at least 183 out of 365 days) can claim the child on a tax return. If both parents have 50% custody, whoever has custody of the child on tax day (April 18th in 2011) can claim the child.
Custody (in theory at least) is based on the child's best interest. "So you don't have to pay child support" is not going to strike any judge as an argument in the child's best interest.
the one that has the child at least 51% of the time
If the father has no legal custody, but is paying child support, he should be at least told. It's his child, too. The parents divorced each other - they did not divorce themselves from the child.
At the very least, you would have to be legally of adult age.
No. If the court has taken custody of the child, the parent no longer has parental rights and cannot make decisions about the child's care or living conditions, at least until the court take actions to restore custody to the parent.
That depends on the state where the custody order was issued and the order's provisions, but in general, joint custody implies that both parents have equal say in decisions affecting a child's life and either parent has the power to ok or deny a decision such as a move, especially a move that would prevent a hardship to another parent in terms of their parenting time with their child. In other states, any child under a custody order is under the custody of the state as well, so any proposed move not only must be ok with both parents, it also requires permission of the court. When in doubt, refer to the custody order, or at least provide the legal state (or country if outside the USA) of the child's current legal residence.
You can still apply for sole custody, but you would not be awarded custody unless you are able to demonstrate, at the least, that you are financially capable of supporting that child. You should also be able to demonstrate that you will take better care of the child than the other parent. If not, there would not seem to be any basis to award you sole custody. But if the other parent is incompetent in some way, then a legal basis would exist. If both parents turn out to be incompetent then the child can become a ward of the state.
not if your cold hearted This full depends on related circumstances. These usually apply when she has no idea who the father is, or at least claims that, and you've become a primary influence in the child's life. The drawback of this is that you can be prevented from getting custody or visitation rights, because you're not the father, while being obligated to pay child support. see link below
Can they? It's possible. Will they? No one can predict. A lot depends on the circumstances surrounding why the child's custody was given to someone else and whether or not the biological parent's parental rights were terminated when it occurred. If you attempt to regain custody, you would be best served by retaining an attorney or at least consulting with one before you proceed. He or she can best inform you of your chances based on the particulars of your case.
With no courts orders in place, the father has no legal right to have the child living with him. The mother has sole custody and control in all states, and he can still be obligated to pay support for this time period. He needs to immediately file a motion with the court to establish his rights and for at least temporary custody, pending a full hearing, before she gets wind of the fact that she can take the child away from him at any time. see links below.