If a father gave full custody of the children to the mother on their divorce papers what right does the father still have to see his children or share custody?
You have the visitation rights that were established in the divorce, and you have no custody rights.
If department of social services took custody of children away from the mother can the father get custody if they are separated pending divorce?
YES, IF YOU ARE GOING THROUGH A DIVORCE, YOU NEED TO ASK FOR CUSTODY AS PART OF THE DIVORCE SETTLEMENT. THIS WOULD BE THE BEST TIME TO DO IT BECAUSE IF SOCIAL SERVICES ALREADY TOOK THE CHILDREN FROM THE MOTHER , THE JUDGE WOULD EASILY GRANT YOU CUSTODY THE CHILDREN.
The mother, unless proven to be unfit or incpable of caring for the children, and regardless of her marital status, invariably gets custody after a divorce.
It depends on the custody order already in place. If the mother is violating the custody order, the father can sue her for contempt, and ask that she be appropriately sanctioned. If there is no custody order in place, the father will need to sue the mother for legitimation or divorce, depending on whether they are married, and ask that custody be determined.
Most often the mother. JK Rowlin got custody there than took the children to England to keep the father from getting access rights.
If the mother has interrupted her career more than the father for her children, surely she has the better argument for custody? Custody should depend on how the children are treated, not on how hard the mother found it/finds it to get a job. The father would probably have to work less when they have custody of the children anyway.
file for divorce and ask for custody of the children, but be prepared to hear in court whatever reason he has for wanting to get himself and the children away from you, and be ready to defend yourself.
If you are the custodial parent but work at night does the biological father have the right to take custody of the children?
If you have custody awarded or appointed by the court, the father will have to go through the court to get custody. Usually, to reverse such an order, he would have to prove that being in your custody is detrimental to the children. There is shared custody. They have lived with the mother since the divorce four years ago. He has not paid any money for support. Mother has had children more than the 50%… Read More
Yes, but only under extraordinary circumstances. For example, if the mother is deemed unfit, the biological father is not in the picture and the man gets custody of other children of the marriage with whom the child has a bond.
A father can get custody of the children if it can be demonstrated that that is in the best interest of the child. The father being the primary caregiver would help.
The father will have to take the mother of the child back to court if the divorce is already finalized. Custody should have been determined during the divorce so if 1 party wants to change that, they will have to take the other person back to court again.
If you divorce or separate in Florida can the mother move out of the state of Florida to Ca with with her children?
yes you can when you divorce you can do anything you want with your children as long as you have custody of them.
If the child lives with father but the mother received custody in the divorce does father still pay the mother child support?
If the divorce ordered the father to pay support, he owes that support until/unless the order is modified.
The mother, if married, should file for divorce and request to be awarded sole legal custody of the children. She should also request a child support order. If the parties are not married the mother has sole custody. She should file for child support and an order for DNA testing as soon as possible. The father must help to support the children. In either case the father will be entitled to a visitation order. He… Read More
An unmarried mother has full custody of her child unless the father has established his paternity through the court. He can then request custody and visitation rights. A divorced mother must review her divorce decree and all related court orders if she is unsure about the status of the custody of her child.
If they are going through a divorce
If she has custody of the kids. Legal custody.
Although divorces are not at all easy , mainly for the children as they are torn between love for the father and love for the mothewr, the advantage for children mainly come when an abusive father has lost custody of the child to the mother, and the child has no fear any more.
When married they both have equal right to the children so if there is no court order for temporary custody she can not. In that case the father can in fact go to court and get temporary custody if he wants. If there is one there should be a schedule for visitation.
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… Read More
Can a father take away the children if mother has primary custody after divorce and moves in with boyfriend?
This is 100% up to the judge. To change the custody agreement or order requires a trip back to court. Would like to add however that moving in with the boyfrind as long as he is not a danger to the kids, is not something that normally changes custody. It's just moving on with life after the divorce.
* If the father has full custody of the children, yes. * If he has partial or shared custody with the mother, it may be a violation of parental rights; that area is quite dicey, so talk to a lawyer. * If the father has no custody but does have visiting rights, then again, talk to your lawyer. * If the father has no rights to the children, then there is no crime committed.
If my boyfriend files for a divorce from his wife while in prison will he lose rights to his children?
Not usually unless he is proven to have abused the children. He may or may not get joint custody it just depends, and almost always father or mother have visitation rights.
In Texas if the mother has custody of the children and goes to prison does the father still have to pay child support?
Yes, if the father is not given custody he will be obligated to keep paying support to whomever the court awards custody or guardianship of the children.
How likely is it for the father to get custody if the mother was unfaithful and then left the marriage and family?
The father will find it easier to get the custody of the children , as the wife has left both the husband and as well as the children and is least interested in them.
A single father, what does that mean? Are you divorced, ever married to the mother of your child, or is the child adopted by you, or is the mother dead or out of the picture? If your question is "How does a Father obtain residential custody after a divorce or in a paternity case", then I can answer this question. Let me know what your grounds for custody are. What is it about the mother… Read More
If no court order is in place stating otherwise, the biological mother has presumptive custody of her children.
If you are a father. You must prove the mother unfit, drugs, abuse, prison record, etc... IF you are a mother, depending on the state you live in they would allow soul custody because you are the mother. If the father is unfit and you live in Utah and/or California where they are for the father as well and want to do joint custody in most of those two states, the father must pretty much… Read More
How does a father who has custody of a child divorce and leave the child with the step mom child wants to be with bio mom child is 17?
Mother files motion for custody
If a child's mother has sole custody then the courts have decided this and there is a reason for it. Generally, if the mother is a good mother (fit mother) then the children will be looked after by her with the father having partial custody to see his children. If the father is unfit, then the mother would have full custody. If you are the child asking the question and are upset because your mother… Read More
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… Read More
What rights does an American father have over his son when the divorce states mother has sole custody but father is required to pay support?
none except standardized visitation.
Can the biological father of your daughter whom she does not know seek visitation or custody only if you file for divorce from the mother?
yes biological fathers may seek visitation and custody rights
Yes, as long as you have custody of the child/children. Just as the mother can choose for the father to PAY child support.
Can a mother and her boyfriend or husband file for full custody of the mothers children together that you share joint custody with your exhusband who is the childrens father?
Boyfriend or husband (unless he is the biological father) has no legal right to the child at all. The mother can try to go for full custody though.
Can a father take his children if he and the mother were never married and there is no custody order?
No, he would be charged with kidnapping. She has custody since birth since they were never married and he never went to court for custody. One case can be, if the mother is not financialcapable to care of the child, the the father may proceed but firstly the mother must be agree for that.
Does father have to sign papers for children to go on cruise with mother who has custody and father has visitation?
If the children are leaving the country, yes. See related question link.
I live in PA and I am the noncustodial parent. My attorney told me that if my ex-husband dies, I would get immediate custody of my children.
Is it considered irreparable harm if mother has prescription drug abuse problem is incarcerated in SC for me to get emergency custody of my children in KY?
If you are the father, the minute that the mother went to jail, you should have gotten custody of your children. If the mother (assuming she is the custodial parent) is incarcerated, then the non-custodial parent should file for an emergency hearing and get custody of the children. State lines are not as important as the welfare of the children.
That's dependent on a court ruling.
If children have lived with their father for two years but would like to live with their mother again but the father will not let them is there anything stating they can or cannot?
I think what you're saying is that there is no court order in place. If that is the case, then neither parent has legal custody, so who ever has the children then has custody. So, if the children were to return to the mothers care, or if the mother were to obtain the children she would then have custody. This is the case in North Carolina. I can't speak to other states. However, I would… Read More
Can an ex husband take his kids away from their mother if the step father had a felony long before he met their mother and is now a great step father?
This is a matter of child custody and is in the power of the courts, subject in part to any divorce decree or agreement. The court can do most anything that it decides is in the best interest f the children.
If not married the mother naturally have custody and rights to the child while the father have to go to court to get it. If married the parents have equal rights.in case of divorce it's this the couple will have to agree or leave it to the court to decide.
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.
If neither parent has custody can the father take their child to live with him and it not be a crime so long as he files a parenting plan and they both live in Pennsylvania state?
If there was a legal divorce and division of marital property, the custody of the child(ren) MUST have been addressed in the divorce action. Check your divorce papers carefully. If it somehow happened that it was not addressed at the time of divorce, and you do not wish the father to have custody, you can go back to court and re-open the child custody portion of divorce proceedings, and a judge will make a determination… Read More
The father would be the favored person to get legal custody if the mother had custody and died unless he was found to be unfit to have custody.
Father has full custody of children. Mother pays child support for them. Who is responsible for child care expenses?
The father does, since the mother is paying her share towards the children in the form of child support.
u must go to the court and request a modification on the divorce terms to allow the child to live with the father. If the mother agrees it is easy. if the mother objects then it gets a little harder because father will have to demostrate not only that the child wants it but that it will be in the best interest of the child that the father get the residency custody.
The agreement between 2 parents is custody to mother but weekends for father if the mother dies who would get custody?
the father gets the custody of the child if the mother dies
When the mother and father share the decision making when it comes to the children is called a joint custody. In this set up, both parents can have access to the records of the child or children and can live with one or the other according custody schedule ordered by the court.
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.