Home
I am married but separated from my husband we have a 1 year old child and I have custody with no order What are your legal rights until you get a custody order you live in MN?
Wiki User
Answered 2009-11-19 20:46:37
You now only have physical custody, but both you and your husband have equal custody rights to the child. That means he has a right to have physical custody too, and will not get into any trouble if he physically takes the child into his care. If you are afraid he might take the child, you will need to obtain a temporary custody order, signed by a judge, to make sure you become the custodial parent. That said, depending on your husband, the longer you have physical custody of the child, the more difficult it will be for your husband to obtain legal custody should you divorce.
Your Answer
Still Have Questions?
Related Questions
What rights do you have as a wife even though you are separated from your husband?
You have all the rights that enure to married couples since you are still married. You have all the same rights you have when you are not separated.
What custody rights does a father and a husband have to his children after a year of no contact with the children?
Generally, if married he has custody rights equal to the mother unless she has brought a petition for sole custody in his absence. If he is not married his custody rights must be established by a court order.
Never married now separated no court orderd custody what are the legal rights of the parents?
mother has sole custody, father has child support obligation. see link
If the mother has sole physical custody and shares joint legal custody with the father the two never married if the mother dies can her husband who is not the baby's biological father assume custody?
No, unless the baby's biological father relenquishes his parental rights, he would get custody of the child if the mother dies, not her husband. The biological father must sign his rights away to the mother's husband.
What rights does a mother have if custody hasn't been established?
If you are not married the custody automatically falls on the mother and the father have to go to court to get visitation or custody. If you are married you have equal rights.
If your husband who is separated from you brings another woman to live there has she any rights?
As long as they aren't no married legally she has no rights but to the husband that has bringing the other woman into the house might feel different on the situation.
Who has custody of the child when the parents are married?
Married parents have equal parental rights. They share legal custody.
Who gets custody of a child when the married mother dies and biological father does not have rights?
I assume this to be an out of wedlock, extra marital affair child. Her husband.
Is it kidnapping if husband won't give kids back if they were left in the mothers custody when the separation occured?
If the parents are married both parents have equal rights to the children. If you want to establish a custody order then you must do it through court.If the parents are married both parents have equal rights to the children. If you want to establish a custody order then you must do it through court.If the parents are married both parents have equal rights to the children. If you want to establish a custody order then you must do it through court.If the parents are married both parents have equal rights to the children. If you want to establish a custody order then you must do it through court.
Can a mother leave the state AZ with her child without fathers permission?
You need to add more details such as whether you are married, divorced or never married and whether the father has any custody rights or visitation rights.You need to add more details such as whether you are married, divorced or never married and whether the father has any custody rights or visitation rights.You need to add more details such as whether you are married, divorced or never married and whether the father has any custody rights or visitation rights.You need to add more details such as whether you are married, divorced or never married and whether the father has any custody rights or visitation rights.
What kind of parental rights will my husband have for our children once the divorce is final?
The rights your ex-husband will have once you divorce will all depend on what the judge rules. He could have joint custody or split custody.
Who has custody of the child if the parents are married?
In the United States both parents have equal rights of custody of the child if they are legally married.
You married into a family how does your husband get joint custody with you?
You do not express of what? If he has joint custody of his children, as a stepparent, you carry some consideration for similar access rights in his absence, such as on extended military deployment. It is best though to clarify this in a modification.
What is a wife right when she is separated from her husband and he dies?
If they are still married, she has the same rights as any spouse. That may include a dower right or full inheritance.
Your ex-husband is looking for joint custody off your 2 kids what rights does he have?
The same rights as you.
What rights does a father have in custody of child?
If the parents are married they have equal rights. If not married, the mother in general have sole custody in most states until the father have established his paternity. When he has done that by DNA test he can petition for custody and visitation in court.
Can you be legally separated and have joint custody?
Yes. If you are legally separated then you are still married and both parents have equal rights and obligations to the child. The court can issue a support order, custody order and visitation order if necessary. You should consult with an attorney to determine your options under your state laws.Yes. If you are legally separated then you are still married and both parents have equal rights and obligations to the child. The court can issue a support order, custody order and visitation order if necessary. You should consult with an attorney to determine your options under your state laws.Yes. If you are legally separated then you are still married and both parents have equal rights and obligations to the child. The court can issue a support order, custody order and visitation order if necessary. You should consult with an attorney to determine your options under your state laws.Yes. If you are legally separated then you are still married and both parents have equal rights and obligations to the child. The court can issue a support order, custody order and visitation order if necessary. You should consult with an attorney to determine your options under your state laws.
During a divorce could my husband grant partial custody of our son to someone else once he has full legal custody?
No. Only a court can grant custody. If your husband submitted a petition for transfer of custody it would have to be via a guardianship over the child and you would be notified by the court and given the opportunity to object, unless your parental rights have been terminated by the court.Your ex-husband cannot give partial custody to anyone.No. Only a court can grant custody. If your husband submitted a petition for transfer of custody it would have to be via a guardianship over the child and you would be notified by the court and given the opportunity to object, unless your parental rights have been terminated by the court.Your ex-husband cannot give partial custody to anyone.No. Only a court can grant custody. If your husband submitted a petition for transfer of custody it would have to be via a guardianship over the child and you would be notified by the court and given the opportunity to object, unless your parental rights have been terminated by the court.Your ex-husband cannot give partial custody to anyone.No. Only a court can grant custody. If your husband submitted a petition for transfer of custody it would have to be via a guardianship over the child and you would be notified by the court and given the opportunity to object, unless your parental rights have been terminated by the court.Your ex-husband cannot give partial custody to anyone.
Do I lose custody of my child if I remarry my child's mother after having sole custody?
When married you have equal rights to the child.
What are a woman's legal rights when her husband leaves her and their children?
She can get child support, and full custody.
What are the rights of the father of a married womans unborn child when the father is not her husband?
The father has created an extremely complicated legal situation. He has no rights unless he obtains them through a court order. The husband of a married woman is presumed by law to be the father of any children born during the marriage. If the mother is willing he can execute an affidavit of parentage and then initiate a custody case to obtain joint custody. He should consult with an attorney who can review his situation and explain all his rights and obligations under the laws in his jurisdictions.
Who has legal custody rights until judges says different if the parents are not married he is on the birth certificate and is married to someone else?
If you were not married when the child arrived the legal custody lies with the mother. The father have to prove paternity in court before he can get his parental rights.
You got married after you had your child who has custody?
You're married now and both parents have equal parental rights.
Married conceived another mans baby can he force paternity?
Yes, and he has rights to visitation, and if he likes, he can arrange to have a custody hearing, if he feels he can prove you unfit. Such as if you cheat on your husband, or are having marital problems.
Do you have full custody of your son if his father left?
It depends on your legal status before and after the father left. If you are married then he still has full parental rights until a court renders a custody order. If you have been divorced custody should have been addressed in the divorce decree. If you were never married and he has no previously established custodial rights then you have full legal custody.
Still have questions?
