hello I am going through the same thing, my son is 16 years old and doesnt want to visit his dad because of his inconsistency of being involved in his life his father has just filed for visitation rights and I dont know whats going to happen. I hope the court listens to my sons wishes, even if he decides to visit only sometimes
It depends on why the living parent didn't have custody. If the custodial parent has passed away the noncustodial parent has to apply for custody in court.
Only if the noncustodial parent becomes the custodial parent and gets a judgment to this effect.
The non-custodial parent can go to court and request custody of the children. A judge will decide which parent should be awarded custody of the children. The circumstances under which the children are currently living, combined with the reason(s) they are not living with you will be a big factor in whether or not you get to keep custody of the children.
If the arrangement is with the consent of the custodial parent and will be permanent then the custody and child support orders must be modified to reflect the change in legal custody. The parent in Texas needs to have their custody formalized by a court order so they can enroll the child in school, consent to medical treatment, etc. If the child support order is not modified the non-custodial parent may be subject to the accumulation of child support arrears.
The biological parents have to pay child support to the one who have the child whether it's a grandparent, sister or the state. If the custodial parent do not actually have the child living with them the custody order has to be changed as well as the child support order.
It is assumed you mean the parents have joint legalcustody and one parent has physical custody.Generally, the parent with physical custody is awarded the child support since child support is intended to help pay for the child needs, living expenses and all the associated costs of raising the child. The custodial parent has much more in living expenses that are associated with raising the child.See related question link.
See links below
A custody order can only be granted by one court usually in the state where the child presently resides. Judges are very reluctant to grant joint custody when the parents live in separate states. The usual procedure is for one parent to be granted primary physical custody and both parents sharing joint legal custody. The parent not having primary custody would be responsible for making his or her travel arrangements and living accomodations (or that of the child depending on the age) during visitation unless there is a different agreement made with the primary custodial parent.
The child is considered a runaway if refusing to live at home. The emancipation need not be approved by them. As for the child support, that is strictly interpreted by the court. see link
If there was a previous court order giving the other parent custody, but the children are now living with the non-custodial parent, then yes. You should petition the court to change the custody order to reflect the new living arrangements.
A minor can not choose where to live. That is up to the parents or the court depending on the details. If your non-custodial parent who lives out of state wants you to live with him/her, they have to petition for custody unless your custodial parent will consent to the change and join in a modification of the custody order.
Regardless of living arrangements, unwed mothers have sole custody and control in all states. The father has no assumed rights.