Most courts use the best interest of the child to determine custody. If the court awarded custody to the father, it determined that living with the father is better for the child than living with the mother. In most states, you can file a new suit to modify custody after the fact. You generally have to wait for a certain period of time after the first award, and you'll need to prove that there has been a sufficient change in circumstances such to warrant changing the prior order. At that point, you would then have to prove that the child's needs would be better served by being moved to the mother's custody.
Custody modifications are difficult, tedious and expensive. If you are serious about this, you need to start talking to a good lawyer.
Harm alone does not reward you the custodial parent status. In most instances where harm is apparent, Child Services will intervene and correct the issue before it becomes an abusive situation. In many different ways, you must also prove the parent unfit. The process is and will be expensive, complicated and lengthly. If you have the funds and evidence to pour into a complex case, it may be in the child's best interests for you to pursue. Depending on the state the child resides, this case starts at $3500-$5000 to retain representation. You will have to petition in the state in which the child resides. I caution you, do not attempt to pursue for your own well being. The attorney representing the father will have you extensively evaluated to determine your true motive. In most cases, the original court order will not be overturned.
if you could prove harm is being done to the child.
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Related Questions
How often is the father awarded custody of the child over the mother?
How often is the father awarded custody of the child over the mother in North Carolina?
What happens with sole custody after the father is awarded visitation in Tennessee?
The mother can still have sole legal and physical custody when the father is awarded visitations. Custody and visitations are separate matters. The mother would be required to obey the visitation schedule.
Can the biological mother get custody of son that lives with the adopted father?
Yes, she can. All she has to do is press suit to have custody awarded, or convince him to give her custody.
After physical custody of a child was awarded to the father by the court and joint custody to mother can the mother get physical custody.?
Yes if she can prove that it would be the the child's best interest to be with her physically. Custody orders can change at any time. If there is a sign of danger from the child being with the father, the mother can gain physical custody.
If a mother with phsical custody is incarcerated will the father with joint legal custody be automatically awarded custody of the child?
I think it depends on how long the mother will be incarcerated for. There might be a hearing giving the father temporary custody. But if the father ever tries to get full physical custody of the child in the future, it might not be good for the mother. However, she can never be refused visitation.
On what grounds can a mother ask for sole custody if she is only doing it to hurt the father?
On the same grounds as she would if she was doing it in the interest of her children.
What is the time frame for child abandonment so father can gain full custody?
A child does not need to be abandoned by their mother for a father to be awarded full custody. If the father can demonstrate before a judge that the mother is unfit to parent, the judge can award him full custody of the child.
The judge said the father has to much control over mother and mother wants to move out state father wants to do a custody evaluation will the judge allow that after he awarded mother sole custody?
You can only try see links below
How can you get residential custody of child as a single father?
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 or other parent that makes it harmful for the child to remain in their care?
Does the father get custody if the mother dies?
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.
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
If a father won physical custody of two girls and mother is appealing saying that she has cleaned up her act what are fathers chances of maintaining physical custody at appeal?
If father was awarded custody before and his circumstances have not changed, unless the mother's situation has improved dramatically the father has a good chance of maintaining custody.
Can a father get custody before the mother?
No, but the father can get the custody if he proves that the mother has bad habits like alcoholic or consume drugs.
Can a father take a baby from its mother if she left him because he hit her?
If you mean that the father hit the mother, and that is the reason she left the father, then no, that is not grounds to obtain custody. The courts usually award custody to the mother, unless she is unable to care for the child, or if she has been proven an unfit parent. Hitting a woman, especially the mother of your child, may actually go against you in a custody suit against the mother, and the mother had every right to take the child and leave if the father of her child hit her. The courts may also look at it as if the father hits the mother, then he may hit the child, too.
Can a mother get full custody if the father is a convicted felon?
I believe that the Mother should always have full Custody.. After the father is a convicted felon
Can a father in wi. get temporary full custody if mother is homeless?
Can a father in wi. get temporary full custody if mother is homeless?
Can a father take their child away from its teen mother?
If not married the custody belong to the mother automatically and the father have to go to court to get visitation rights or custody. If the mother can not take care fo the child and neglects it, the father can alsoi get custody.
Who usually gets custody the mother or the father?
In most circumstances the mother gets primary custody.
Can a father have joint custody?
Joint custody is between two parents, which are usually a mother and a father.
How can a father gain custody rights to his children in the state of Kentucky?
If the parents are unmarried the father must establish his paternity legally. Once he has established his paternity he can petition for custody, visitation and a child support order can be established. Unless you can prove the mother is unfit to be a parent, it is really hard to take custody away from the mother in Kentucky. However, a father may be awarded joint custody or/and a visitation schedule. He should seek the help of an attorney who specializes in custody issues.
If the mother and father were not married when they had a child does the mother get full custody of the child?
In the United States an unmarried mother has legal custody of her child unless and until the father establishes his paternity in court and requests custody and/or visitations.
Does the birth mother have automatic custody if she and father are married?
No, although most courts favor custody to the mother.
If the father has custody but the mother raises the child can the mother get partial custody of the child?
If the mother is raising the child and the father has custody the mother should return to court and petition for custody and child support, especially if this is a matter of control. She should consult with an attorney or other legal advocate.
Can a father who has joint custody with the mother stop her from visiting another state?
Can a father who has joint custody with the mother stop her from visiting another state with the child
If no father is listed who has legal custody of the child?
The mother. If she dies, her parents get custody.
