Do the children have his name on their birth certificate? If so he can do what he wants, but they still have that name. He has to live with it.
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 like to issue a warning. It is in the best interest of the children for the parents to come to an agreement about the custody of the children. Parents who are separated should still work together to ensure the well-being a safety of their children. If the mother is a drug user, has a violent boyfriend, or anything else that might put children at risk, then be warned that if the mother does remove the children from the father unwillingly - it is likely that he will make a report to Child Protective Services. If CPS finds out that the mother is an unsafe caregiver, it is likely the department will place the children with the father and give him full custody - with a court order.
In reference to a married couple, they are equal as regards the children, but in the real world, the mother can still get the father arrested for child abduction because of the prevailing assumption that she has custody. A male police forgets to ask for proof of custody. By the time it gets straighten out, the mother has filed a motion for temporary custody. As such a father should not even consider this unless the first stop after leaving the house is the courthouse to file his own motion.
Yes, either parent can take a child if there is no custody agreement set into place yet. The father will need to hire an attorney and fight the mother for custody in court if he thinks she is unfit.
In Arkansas custody is assigned to an unmarried mother unless there is reason to give custody to another person. A father may get custody if he is determined to be a fit parent and he is able to show the court that it's in the child's best interest to remove the child from the mother's custody and award custody to him. He would need to show some degree of unfitness on the mother's part that would compel the court to make the change.You can read more about child custody in Arkansas at the related link. See also related question link.In Arkansas custody is assigned to an unmarried mother unless there is reason to give custody to another person. A father may get custody if he is determined to be a fit parent and he is able to show the court that it's in the child's best interest to remove the child from the mother's custody and award custody to him. He would need to show some degree of unfitness on the mother's part that would compel the court to make the change.You can read more about child custody in Arkansas at the related link. See also related question link.In Arkansas custody is assigned to an unmarried mother unless there is reason to give custody to another person. A father may get custody if he is determined to be a fit parent and he is able to show the court that it's in the child's best interest to remove the child from the mother's custody and award custody to him. He would need to show some degree of unfitness on the mother's part that would compel the court to make the change.You can read more about child custody in Arkansas at the related link. See also related question link.In Arkansas custody is assigned to an unmarried mother unless there is reason to give custody to another person. A father may get custody if he is determined to be a fit parent and he is able to show the court that it's in the child's best interest to remove the child from the mother's custody and award custody to him. He would need to show some degree of unfitness on the mother's part that would compel the court to make the change.You can read more about child custody in Arkansas at the related link. See also related question link.
When a parent does not have court ordered custody papers..any parent can have thr chilld...EX if the father takes him and doesn't want to return them well there is nothing you can do...if you call the police..they want a copy of the court ordered custody papers to remove the child from the non custodial parent....protect yourself get court ordered papers....my children were take by their father...i had no choice but to wait it out till he decided to return them...I did not have custody papers and nothing could be done since he was the father
Depends on why you can not afford it, if you are not looking for work etc but child support, visitation and custody are separate issues. You still have rights as their father and can petition for visitation or custody. If the two parents can not afford to provide for their children there is welfare. And your wife can not set just any demands, they have to be reasonable and that is something the judge can decide. The judge will see to what is in the best interest of the children and if one of their parents has lost his job for instance it would not be in their best interest to remove him from their lives.
You have the right to file for a change of custody with the court. You will have to present convincing evidence that the child's mother is unfit to retain custody of the child. Frankly: It is a stiff burden of proof to overcome to convince the court to remove a child from its mother's custody.
I believe it is. Im doing it. Have to think of the children. If you dont want them to be the same way then you have to remove them from the relationship all together. You have to think about your children. They are very fragile and it can hurt them in the long run if you dont do something.
Yes, depending on the circumstances. Generally, the parent who has custody must be deemed unfit for the court to remove the children from their custody. You should seek advice from an attorney who specializes in custody issues in the jurisdiction where the children reside.
he says i dont want your dam child
A judge cannot force a married couple to stay away from each other if they don't want to. If one party wants the other to stay away, the court has the authority to restrain them with a restraining or protective order in some cases. If the court finds that the children are in danger from one or both parents, they may remove the children from the parents' custody or restrain the dangerous parent from having contact with the children. In the case where a court finds that the husband is abusive to the children, and the wife does not stop it, and the wife wishes to remain with the husband, it is common for the court to remove the children from both parents' custody and place them in state custody because the father is abusing them and the mother is neglecting them by not protecting them from the abusive father.
If the mother had primary residential, than the grandmother has a right to the children, but this not not preclude access rights. This is why this needs to be addressed in the custody decree. You may need to file a custody challenge to be granted primary residential. But, if you are being denied access, that's interference with custody, which could become a police matter. Access Dads House for further info and help. See links below.