If father has primary custody and goes to work out of state and step mother stays home with child can the mothers grandparents try to get custody for that time?
They have no court standing
If father has primary custody and goes to work out of town and step mother stays home with child can the mothers grandparents try to get custody for that time?
can try, but they would not have standing
Yes, a father can change his child's last name. However, this depends on the custody arrangement, and who has primary custody.
No, nor should he. The father must obey the visitation order or he will be in contempt of a court order. Continued contempt can result in the loss of primary custody.
If a person dies and the baby's father is in jail could the maternal grandparents get full custody of the child?
The baby's grandparents could get custody.
If your 12 and your grandparents and the mother and father have joint custody over you and the mothers lawyer filed a temporary restraining on the grandparents will the judge grant it?
Whether a restraining order is granted is based on the merits of the complaint, not who filed it. If the judge sees reason to grant the order it will be.
The grandparents can get access towards there grandchildren by the mother and father dies and they get them. Or the grandparents file for custody of the children
If your a minor and your grandparents have temporary custody over you can you choose to live with your other grandparents with only the consent of your father?
No. Only the grandparents who have custody over you can give you consent to do so. And even then, they may not be able to give you permission to live with your other grandparents, depending on why you other grandparents were not given custody over you in the first place.
Not if there is a mother in the picture who has custody rights. If the father has sole custody he can voluntarily consent to the appointment of his grandparents as guardians but it will need to go through the court. You should consult with an attorney. Not if there is a mother in the picture who has custody rights. If the father has sole custody he can voluntarily consent to the appointment of his grandparents… Read More
no, as he no longer has any rights
How does a father get primary custody if unwed in CA and the judge has authorized only minimum visitation with joint physical and legal custody?
Generally, the order stands until there has been a significant change in circumstances that warrant another review by the court. In order to obtain primary custody the father would need to provide evidence that "primary" custody of the father would be in the best interest of the child and the present arrangement is not. Generally, the order stands until there has been a significant change in circumstances that warrant another review by the court. In… Read More
If you have joint custody of your child can the father who has primary custody give power of attorney to his parents?
The father could execute a POA for emergency medical treatment purposes while the child is visiting with grandparents but he cannot grant any permanent powers that would equal or trump the parental rights of the mother. The temporary medical POA should be discussed with the mother since she has joint legal custody.
How does a father get custody of his child when the mother is proven unfit and the maternal grandparents have temporary custody?
That change in legal custody can only be accomplished by a court order. Only a judge can make that decision after hearing testimony. The father must submit a petition for sole custody in the family court. The judge will review the reasons why temporary custody was awarded to grandparents and the reasons for the mother's status as an unfit parent. A decision will be rendered based on the best interest of the child. In matters… Read More
Does illegal father has more rights than grandparents Father wants full custody child's been living with grandparents for four years in AZ?
As an illegal, he probably does not have access to the legal system. The grandparents should probably determine if the father is a fit parent and, if so, do the right thing.
Child is residing with maternal father and grandparents (father's side) in Shelby County. Mother's address unknown, but in Shelby County. What are father's options for temporary custody?
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.
In most circumstances the mother gets primary custody.
Yes most definitely, I was granted custody to my grandparents at age four because my dad left before i was born and my mom was a drug addict and couldn't be found.
Does the father have any custodial rights in Texas if the mother has custody but the child lives with the grandparents?
Do you have a court order saying you have visitation? Are you the biological father? If so then YES. Go back to court and file for custody.
Yeah, they have several of the same rights.
Your mother's last name as it was when she was born. Probably the same name as your maternal grandparents. Your grandparents have also got their name from their Mother and Father.
That change in legal custody can only be accomplished by a court order. Only a judge can make that decision after hearing testimony. The judge will review the reasons why custody was awarded to grandparents and the reason for the father's objections. A decision will be rendered based on the best interest of the child.
Can divorced father with primary custody let child live with his 28 year old son and wife or does the child have to stay with mother if not with father?
That depends on the custody order, but she can file for a change of custody.
She has full custody from birth. The father have to prove paternity in court to gain his parental rights and get custody, visitation and pay child support.
Single mothers have sole custody by default. Married mother must address it with the court. Non-custodial mothers can still get a child support award from the father.
When a mother dies and the biological father is unknown does the stepfather get custody over the child's sister?
Without a Will, he has no clearly defined custodial rights to a stepchild, but unless addressed in a custody decree, neither does the father. Guardianship reverts to the maternal grandparents.
It would not prevent the father filing a custody challenge.
It depends on the law where you live and your custody order. If the father has sole legal custody (as opposed to physical custody) he would be able to make that decision without input from the mother. If legal custody is joint or the mother has sole legal custody, no he could not.
Virginia is different from most states where an unmarried mother automatically has legal custody of her child and the father must establish his paternity legally. In Virginia there is no presumed custody. Unwed fathers and mothers must go through court to obtain legal custody. Virginia is different from most states where an unmarried mother automatically has legal custody of her child and the father must establish his paternity legally. In Virginia there is no presumed… Read More
no, you can't. I'd your father has legal custody over you, you must live where he says no matter what - until he no longer has legal custody.
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.
Should an unwed couple breakup is the mother considered the primary custodial parent in Georgia or must she establish this through the courts first?
Regardless of living arrangements, unwed mothers have sole custody and control in all states. The father has no assumed rights.
If the father has had joint custody of a 4 year old and was the primary parent and the mother wants primary custody can she do it?
Yes if she could prove that the child is better off in her primary care. If the child is thriving and safe with you, it would be hard for her to prove. But custody can change at anytime so she has the right to file.
Only if unmarried to the father. Single mothers have sole custody in 49 states by default. This is regardless of whether she's living with the father or not. yes but if theres no legal paperwork then its whoever is holding the child
Sole even if he was still shacking up with you
No. If the parents are legally married one parent cannot keep the child from the other parent. If the parents are not married the father must petition the court to establish his paternity and request custody and/or a visitation schedule. Unwed mothers generally have sole custody until the father takes some action to establish his paternity. No. If the parents are legally married one parent cannot keep the child from the other parent. If the… Read More
Can paternal grandparents legally keep the unwed mother of the child away from the child through a power of attorney of the child's unwed father?
Of course not. In the United States an unwed mother has sole custody of her child until the father has established his paternity legally, in court. Then he must petition for custody and/or visitation rights. He cannot make any changes in the custody of the child via a power of attorney. The unwed mother should exercise her parental rights aggressively and not allow grandparents or the father to take control of her "rights".
If a father has full custody and the mother has not seen the kids in over a year and now father is incarcerated does his wife become the legal custodian?
This would be decided in court. Other family members (grandparents, aunt & uncles, etc.) could also petition for custody.
Custody is determined by a judge. Whether or not the grandparents can get custody of a child depends on the judge and state law. In Florida, after it was established that the mother could not take care of the children, the judge would ask, "Where is the father?" He would probably have the first opportunity. HRS would also need to be involved. If those two hurdles were cleared, then it would be the grandparents could… Read More
Yes, with the consent of the father. The grandparents would need to petition to be appointed the child's legal guardians.
The grandparents have no right to the child, only the parents can decide about adoption. If she does not want custody the father can get it.
O9nly if he has primary custody, or family is intact.
If the mother allows the child to move to their grandparents without informing the father of the change what can he do?
File a claim of child abandonment and for custody. see links below
Can a grandparent take their grandchild out of state with only the mothers permission even she shares joint custody with the child's father?
No. The father must be informed and given the opportunity to object.
Can you live with your grandparents if your mother wants you to live with her and your dad says she is an unfit mother?
Depending on your age and the state requirement, you can apply for emancipation and challenge your mother's right to custody. * If the mother has primary custody the minor child will have to abide by her wishes until either the father petitions the court and receives custodial rights or the grandparents petition the court and receive guardianship rights. It is not for a relative or spouse to decide who is an unfit parent. That is… Read More
Not sure what you mean but she has the right to go to court to try to get full custody. What she do not have the right to do is to break the custody order and not let the child go when itś your turn.
That's interpretive as there are four levels of custody. Sole Custody Joint Legal with Primary Residential Joint Physical Custody Bird Nest Custody Fathers with primary or sole custody runs 15%. Joint physical custody runs 25% Mother with primary or sole custody is 60% But, single mothers have sole custody by default in 100% of the cases until ruled on otherwise by the courts. Also, attorneys tell fathers not to try for custody as they don't… Read More
Petition court for change of custody and adress if the child is old enough who the child wants to live with or who the child spends more time with
If married, and not living in Kansas. If the mother had a custody order, and first right of refusal is not declared in the orders, he will need to file a custody challenge against her parents. Kansas has an old law that does not allow widowers to have custody of young children. The maternal grandparents can take them.
If they were married yes but if not married and she was the custodial parent he have to go to court and get custody first.
There are many reasons. Historically, mothers are more often the care givers even when they work outside the home. Also, fewer fathers want full custody of their children. The father must consult with an attorney who specializes in custody issues who can review the situation and explain the father's rights and options. Background:Up to and through the early twentieth century fathers were typically favored for child custody if the marriage ended. That custom gradually changed… Read More