If the father has court ordered custody can the mother fight for custody?

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In Custody
Yes, a mother can fight for custody. Unfortunately, the courts are going to tell you no, if you can't prove the change in custody is beneficial to the child's well being.



There were reasons why the father was granted custody in the first place. Generally, there must be a change in circumstances in order to take the case back to court. If nothing has changed there is no reason for the court to spend time going over the same case again. Perhaps the mother can prove to the court that the factors leading the court to award custody to the father have been addressed. Perhaps the child is better off with the father. The mother needs to convince the court that a change in custody is in the best interest of the child and not the mother's interest.
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If the court awarded custody of the child to the father on what grounds would the court give custody to the mother if she took him to court?

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 ( Full Answer )

Can a child still get emancipated from her birth mother and step father if her father is fighting for custody?

Answer . \nNo, if there is a custody dispute being heard by the court, that needs to be settled before any early emancipation petition would be accepted (if at all). There is a great misconception as to a minor receiving an early emancipation decree. It is not simply a matter of signing a paper a ( Full Answer )

Can a father who has joint custody with the mother stop her from moving to another state after they go to court?

Answer . \nIf there are not stipulations in the custodial order relating to the change of residence of either parent, the father can request the court to not allow the mother to move out of state with the minor children or grant him full or primary physical custody rights.\n. \nPlease be advise ( Full Answer )

Who has custody of a minor when a custodial order has not been issued by the court?

If there is no court order and the parents are married, then bothparents share custody 50/50. They should come up with a parentingplan while legal custody is being determined. If one parent feelsthey should have custody for whatever reason, then go to thecourthouse and file for temporary custody. Th ( Full Answer )

If there is not a court order for custody and your wife who is a illegal immmigrant left with the child can the father take the child from the babysitter's while the mother is at work?

well we are mot married i guess it would be common law,but we never got a paper signed from the county clercks office.i am concerned for my daughter,she is 15 months old,born in u.s.,and her mom is an illegal alien,and my daughter does not eat baby food,she eats adult food,and she is sleeping on the ( Full Answer )

If there is not a court order for sole custody of a child and the mother is behind in child support can the father take the child out of the US without permission from the mother or the court?

\n. \n Answer \n. \nObtaining a passport for a minor in the US requires both parents. You'd would have to get a court order giving you custody.\n. \n. \n. \n. \n More Conributor Opinions \n. \n . Being granted sole legal custody does not necessarily mean the custodial parent can re ( Full Answer )

Can an unwed mother who has joint but not physical custody be ordered by a court to pay child support?

Answer . \nUnwed, married and separated or divorced - ANY mother can be liable for child support depending on her financial situation and who has primary physical.\n. \nChild support is decided in most cases based on a formula. The parents' incomes are totalled (say 600/week and 1000/week=1600 ( Full Answer )

If there is no court order for custody and the father has physical custody how can the mother get physical custody of the child?

In the United States both parents have equal rights to thechild if they are married and not divorced and there is nocourt order. Generally, if the parents are unmarried the mother has sole custodyand control in most states until the father can establish hispaternity. Remember, a child's mother c ( Full Answer )

How would a father get full custody after mother lies to get a false protection order?

First, get a good lawyer. Then, keep very accurate notes. Record all messages on your phone. Get a list of witnesses and written statements from anyone who can back you up on her character. Above all, stay patient and hold your head high. We went thru this with hubby's ex and we won. Won full custod ( Full Answer )

When the mother is jailed does the father then get custody?

That would be the logical action, yes. Although it is the logical action, that does not necessarily mean the laws of each state are logical. The answer to this question is no, for parents in Florida who are not married. If you are married, I believe it's different & the marriage makes both par ( Full Answer )

Does a mother have a right to keep a child from her father if there has been no custody decided by the courts yet?

Yes, but only if there is no order, temporary or otherwise, that states that the father should have reasonable access to the child. While custody proceedings are pending, there is typically a document issued that requires some sort of visitation with the parent that the child does not live with. If ( Full Answer )

When fighting for custody of your children do courts usually side with the mother?

There are plenty of fathers out there trying very hard and the judges just push them off and give everything to the mother! I have seen it happen and its very sad. The evidence in our case was the Father having a domestic violence restraining order against the mother from him and the child and the j ( Full Answer )

Colorado courts just gave me custody of my two kids who currently live in Texas with their mother. Can she fight for custody under Texas law?

Often, during a custody challenge, the parent in possession of the child(ren) will remove them from the jurisdiction of the court, hoping to avoid turning them over should the decision go against him/her. Should this happen, the now custodial parent needs to know what procedure to follow in taking p ( Full Answer )

Can the mother go to the father and get her child if there isnt a court order saying who has custody?

Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Remember, a child's mother can always be identified by medical records. Since the father didn't give birth and he was not legally married at the time of the bi ( Full Answer )

Can the mother go to the father house and get her child if there isn't a court order saying that the dad has full custody?

No, the mother is no more entitled to custody than the father. If the father currently has temporary or implied custody, then a custody order must first be established before you can get partial custody or visitation rights. For example, if you moved out and left the child in the care of the father ( Full Answer )

Can the mother get custody if the father disagree?

If the parents disagree on who should have custody of a minor child, the decision will have to be made by the courts. The court may award custody to the mother or to the father, based on a review of the situation of each and a consideration of what is best for the child in the long run.

Can father get custody if mother is unfit?

Yes. The biological father would be the next logical choice unless he has had problems in the past and has been declared an unfit parent himself. He can petition for sole custody and must provide compelling evidence to the court to prove the mother is unfit. The court will appoint a guardian ad lite ( Full Answer )

Can a 15 year child choose not to go to her fathers if the mother has custody and there is a visitation order?

No. The mother must obey the visitation order or she will be in contempt of a court order. If the daughter has legitimate reasons why she doesn't want to go then the mother must return to court and request a modification of the visitation order. She should be prepared to provide compelling evidence ( Full Answer )

What if the child is kept from returning to her father who has in place a court order for custody?

If the father has legal custody he should act immediately. Whoever is detaining the child is in contempt of a court order and has no right to keep the child. He should visit the court that issued the order immediately and ask to speak with an advocate or someone from child services. If necessary the ( Full Answer )

Can the father get custody if he threatens the mother?

It depends on what you call threats. And, it is unclear what you mean by your question. If he threatens to inform the court about an environment that is not healthy for the child, that is his right. If he threatens to harm her or her property due to the adversarial situation, that's is illegal and h ( Full Answer )

Can father get custody if he does not pay court ordered child support?

Support and custody are two different issues. While it doesn't bode favorably as far as custody is concerned if the parent is a deadbeat, it doesn't automatically preclude them from obtaining custody if they can prove that in doing so, it would be in the best interests of the child.

How does a mother get custody of her 14 year old if the father has custody?

By petitioning the court with jurisdiction for a modification in the custody order, wait for the court hearing and then provide compelling evidence and documentation why it would be in the best interests of the child for the mother to have custody. I would strongly recommend you obtain the services ( Full Answer )

In Florida can an unwed mother move out of state with her child if there is no custodial court order regarding the biological father?

An unwed mother is, in all U.S. states legally presumed to hold sole physical and legal custody of a minor child until such time a court rules otherwise. That being the case, she can relocate if there is not a custodial order in place that prevents such action. It would be wise, however on the par ( Full Answer )

Can the mother request a restraining order against the father if they have joint custody of the child?

Whether or not a mother is granted a restraining order is up to the judge who hears the testimony about the situation that led to the mother requesting the restraining order. If the situation is serious enough the restraining order may be granted and the visitation and custody orders can be modifi ( Full Answer )

Who gets to claim a minor child on their taxes if the mother has custody and no court order has been set for parenting time for the father?

Generally the custodial parent has the right to claim the child.You need to check any documents in your case file, inquire aboutstate laws that govern this issue, visit the court and ask to speakwith an advocate if you cannot afford to consult with an attorney.Some states provide that the custodial ( Full Answer )