If you live in the US... Unless Mom's parental rights (different thing than custodial rights) have been terminated or she can be proven unfit, she's first in line for custody, so if she wants custody, she will get it (no matter what Dad wants)
It depends on the state, usually the state takes the children into custody, or the closest family relative.
when or why? Mothers will lose custody if they are found unfit by a family court
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.
Gordon B. Plumb has written: 'Humanizing child custody disputes' -- subject(s): Custody of children, Family assessment, Family social work
Nickie McFadden has written: 'Judgments in family court' -- subject(s): Case studies, Custody of children, Foster children, Trials (Custody of children), Foster home care, Legal status, laws
Your husband cannot get joint custody of your children from a prior marriage. Custody arrangements are made between parents of children. Your present husband can legally adopt your children with their father's consent. He would then have all the legal rights and obligations of a biological father. The children would become his legal heirs-at-law.
That will be decided soon, either by the family or in a court custody case.
It depends on your local laws. The first thing you have to do is get the advice of a lawyer. But after that, you'll have to file papers with the courts to have your brother declared as an unfit parent, and then file for custody of the children. There will more than likely be an investigation by children and family services before the children will be removed.
A custody lawyer is a lawyer who specializes in handling legal matters related to child custody and visitation rights. They help clients navigate the complex legal system to protect their parental rights and ensure the best interests of the child are considered in custody arrangements.
Children are not property and as such are not inherited. If there are family members that want custody, they can petition the court. The court will, with the recommendation of the appropriate agencies, grant custody to the appropriate parties, or put them in foster care.
The issue of whether the custodial parent can move the children is very tricky. If you are lucky, it was covered in the custody settlement papers. You need to read the agreement to see if it is there. If not, you need to contact your custody lawyer or family court advisor, and see how you can get an amendment to the agreement papers.
You need to file a child in need of care motion with family court.