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If a parent who has joint custody of a child goes to jail for 6 months after getting a DUI would she be considered at that point to be unfit?
Wiki User
∙ 17y ago
In the legal sense that would be a decision for the court not for an individual. Generally under such circumstances the court will order an investigation by a state agency such as CPS or DFS, and if warranted the agency will request the court to take further action. Some factors that might apply if the matter were addressed by the court would be, if the child or children were with her when she was arrested, if she had a previous criminal record of any sort (which apparently is the case), the condition of the children and the home, and so forth.
Wiki User
∙ 17y ago
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Can a 17 year old legally go from the parent with custody to the parent without before custody changes in Ohio?
No, they would be considered a runaway. see links
Is there a difference in a parent who has custody of the children but not married vs the parent that does not have custody and is getting married and is fighting for custody of the children?
Being married or unmarried is not much of a determining factor when it comes to custody nowadays. In order to have custody changed you would need to prove that either your household and parenting abilities are substantially better than the other parent, or that their situation is detrimental to the children. Having a spouse does not necessarily mean that you are better able to care for the children, especially if the other parent has had custody for a significant length of time without the children having any problems in a single parent household.
Can Child protection agency help with custody if other parents has a unfit home?
In general, child protection does not get involved in custody in any way. If a child is removed from an unfit home the noncustodial parent can often have the child placed with them, but are considered a foster parent in the legal sense. There is a federal law that states that the offending parent has 15 out of the next 22 consecutive months to rehabilitate and get custody back of their child. If this does not happen then the state is obligated to file a termination of parental rights against that individual. If the parent completes rehabilitation then the child is returned to their custody and the parents must determine custody through a separate court action. The short answer is that child protection is generally required to attempt to reunify the child with the parent that they were removed from.
If One parent has full custody but child wants to live with noncustodial parent?
They recently changed the laws of custody, No one parent has full custody UNLESS they see the other parent as unstable and unfit. If the parent you want to live with has been deemed unfit as a parent then it will have to be taken to court or you can contact certain child organizations to give you more details about how to leave your current home and return to the home of an "unfit parent" However if one parent obtained full custody of the child and the other parent was not deemed unfit as a parent, you may still live with them because of the recent change in custody laws, stating no one parent can have full or primary custody. (in other words, if your mom has full custody and your dad has none ((Also assuming the father hasn't been charged with being a drug addict, alcoholic, or financially unstable etc.)) you may live with the father)
If you have joint custody can your teenager live with either parent?
The guidelines are basically the same in every state but obviously there are a few minor differences. Joint custody consists of Primary Custody & Secondary Custody. The parent with primary custody is who the child lives with & the other parent has secondary custody. Depending on the age of the child & the state in which they reside, the court may let them determine where they choose to live. Or if both parents agree on the child's decision then the child can live with either parent.
Noncustodial parent in the process of obtaining custody of his 2 children the mother dropped them off almost 3 months ago and is now in jail what are the chances of getting custody?
damn good!
When the child has not being living with the custodian parent that has custody for seven months?
What is the question?
Can a 17 year old legally go from the parent with custody to the parent without before custody changes in Ohio?
No, they would be considered a runaway. see links
What is domiciliary custody?
Domiciliary custody refers to the parent who has physical custody. It's the parent with whom the child lives.Domiciliary custody refers to the parent who has physical custody. It's the parent with whom the child lives.Domiciliary custody refers to the parent who has physical custody. It's the parent with whom the child lives.Domiciliary custody refers to the parent who has physical custody. It's the parent with whom the child lives.
Is it custody kidnapping if parent refuses to return child or let other parent come for child?
If the non-custodial parent refuses to return the child it may be considered kidnapping. The custodial parent should call the police and have a certified copy of the custody order for the officer to review.If the non-custodial parent refuses to return the child it may be considered kidnapping. The custodial parent should call the police and have a certified copy of the custody order for the officer to review.If the non-custodial parent refuses to return the child it may be considered kidnapping. The custodial parent should call the police and have a certified copy of the custody order for the officer to review.If the non-custodial parent refuses to return the child it may be considered kidnapping. The custodial parent should call the police and have a certified copy of the custody order for the officer to review.
Can a parent get custody of the child if the other parent is in the process of getting own place?
Temporary custody yes, if the other parent, who's moving, has been granted permanent custody but has no place to live at the moment. If you are married and can't agree on custody you have to go to court and let the judge decide.
What age should a child be before a parent files for custody?
The child should probably exist. That is, older than -9 months. I don't think there's a minimum age. If the parent believes it is in the child's best interest to be in the parent's custody, they should file for custody. Period.
An unmarried couple has a child and on parent dies who gets custody?
In most places the surviving parent will automatically be considered to have custody. If there is a reason that this should not happen, the court will appoint a guardian. Others could petition the probate court for custody.
What do you about support when you are the non-custodial parent and the custodial parent sends them to live with you but won't sign papers giving you custody?
You must go to the family court to see about getting the custody changed.
Should a father ask for child support first?
The parent who will have physical custody is the parent who can request child support.The parent who will have physical custody is the parent who can request child support.The parent who will have physical custody is the parent who can request child support.The parent who will have physical custody is the parent who can request child support.
Can a non-custodial parent claim a child 6 months out of the year?
If awarded joint physical custody.
Is it illegal to leave children alone if father has full custody?
Yes. Leaving children unsupervised is considered child endangerment regardless of who has "full custody". That could lead to the parent being deemed unfit and they could lose custody. See related question.Yes. Leaving children unsupervised is considered child endangerment regardless of who has "full custody". That could lead to the parent being deemed unfit and they could lose custody. See related question.Yes. Leaving children unsupervised is considered child endangerment regardless of who has "full custody". That could lead to the parent being deemed unfit and they could lose custody. See related question.Yes. Leaving children unsupervised is considered child endangerment regardless of who has "full custody". That could lead to the parent being deemed unfit and they could lose custody. See related question.
