If the father is in jail for domestic violence at the time of a custody case does the judge usually give the mother sole custody?

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In Custody

Yes, the safe environment of a child always comes first, so your chances of gaining full custody are high.
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Can an unmarried father win sole custody from the unmarried mother?

Yes, but the circumstances would have to be extreme. Courts arevery reluctant torevoke custody rights from a parent(s) unlessthere is substantial evidence that neglect or abuse has occurred.The main issue courts take into consideration when grantingcustody,(sole or joint), is the well-being of the c ( Full Answer )

Can a father who has joint physical custody of his sons be granted full custody if the mother is convicted and serves jail time for a DUI?

Answer . Possibly. It doesn't help her case at all to have a DUI. It doesn't hurt to take her to court over this. Also, you should mention that being away from the kids for 6 months has hurt their relationship. The kids shouldn't be confused with on-again/off-again relationships where sometimes ( Full Answer )

Does the birth mother have sole custody of the child if she and the father were not married?

In all 50 US states the law presumes that an unmarried birth mother retains sole custodial rights to a child until the court rules otherwise. This applies to minors as well as to adults. Generally, if the parents are unmarried the mother has sole custody and control until the father can establi ( Full Answer )

If the mother of a child has sole custody and the father has visitation rights can she give the child away to someone else besides the father without the fathers consent?

No she can't. If her ex is a good man and a good father when he has visitation rights then she has no right to tear the child away from him. He can fight it in a court of law. Before one acts out of haste they should consider the child and what their feelings are. They may not understand the total i ( 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 )

Can a father give full custody to the mother?

Yes. You should visit the family court and inquire about what must be filed with the court. There should be a form available. Each can sign the petition and once it is signed by a judge it will become permanent.

Can a mom file for sole custody of a child when father is in jail for drug dealing?

Only if the sentence is for a long,long time,if he can not be rehabilitated or refuses treatment.Just because he is incarcerated he still has parental rights and Due Process Law protects his right to parent.Now, if this charge was a AGGRAVATED SITUATION like situation, then go for relinquishment of ( Full Answer )

The father has sole custody but wants to give custody back to the mother of a very unruly child who wants to live with his mother anyway How can he do this without her come after him for child support?

The only way would be to do a personal agreement between the mother & father, ideally having it filed with the court. However, at any time, either parent can utilize Child Support without the other parent's consent. If the Mother spends more time with the child than the Father, she is most likely en ( Full Answer )

What form can a father have the mother sign to give him full custody?

None, as it would not be legal unless approved by the court. She can grant you guardianship with a notarized letter, but this would not stop child support. For an appropriate transfer of custody, use a mediate and register the agreement with the court.

If father died does mother get sole custody?

That is normally the case, unless there is some reason to disqualify the mother; such as a demonstratable inability from being an effective caregiver.

How would a father get sole custody over the mother?

To succeed in a petition for custody the father would need to provide evidence that the mother is unfit. The factors used to determine that a parent is unfit are generally governed by state laws with child endangerment being the determining factor. The following include some of the reasons a parent ( Full Answer )

If a mother has sole physical custody but the father shares joint legal custody what are his rights?

The mother has primary residential custody. However, the father has visitation rights which are likely set forth in a visitation schedule and he has the right to be included in any important decisions that affect the child. The father should review any documents related to his case including a separ ( Full Answer )

Does California consider domestic violence in a child custody case?

"It's a consideration in all states under the VAWA, but it's also a commonly used tactic to prevent fathers getting custody, so any such claim has to be taken with a pound of salt. Even a male victim can be prevented from getting custody if he ver defended himself from an attack by a woman. " Thi ( Full Answer )

If the unwed mother has sole custody can the father be granted temporary custody?

Possibly. He must establish the parentage with the court before he can petition for any custodial rights. This means he must prove to the court that he is the biological father. In most instances a simple acknowledgement and/or his being named on the birth certificate will suffice. However, if the b ( Full Answer )

Does a mother have sole custody of her child?

The answer depends on marital status and existing court orders. Briefly: . An unmarried mother has sole custody of her child until that status is modified by a court order. The father must establish his paternity through the family court and then obtain a court order to establish his custodial r ( Full Answer )

Can a underage mother give custody to the father?

Custody is determined by a judge. If the father is not underage, he may be more likely to be granted custody because he has a more likely ability to provide for the child (however underage or not- if he hasn't already been convicted of statutory rape, he may be at this time). An underage mother may ( Full Answer )

Do judges ever give full custody to the father by what they say?

Judges do give custody to fathers, but not always by what you say. You have to have proof that the mother is not fit to take care of the child/children. Example: drug addict, mentally not with it, financially unstable to the point where they don't have a secure home..ect

Can a grandmother who has legal custody of a child give custody to the mother without notifying the father?

No. The grandmother cannot legally transfer custody to the mother only the court can do that. The father can file a motion in court to have a hearing on the matter. No. The grandmother cannot legally transfer custody to the mother only the court can do that. The father can file a motion in court to ( Full Answer )

What are your rights of custody as a unmarried father in fl if the mother is in jail?

An unmarried father must establish his paternity and arrange for a custody hearing if he wants 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 b ( Full Answer )

Can a child be taken from a custodial father who has been charged with domestic violence?

Yes. The matter can be brought before the court with jurisdiction over the custody order. The court will assign an investigator who will provide a report and the court may make a modification of the custody order if it finds sufficient cause. The court may wait until the domestic violence charge ( Full Answer )

In Texas Does unwed mothers have sole custody if father is in jail?

It depends on whether the case has ever been adjudicated in family court. If paternity has never been established the mother has sole custody. If paternity was established and the father was granted joint custody or visitation rights then those orders stand until they have been modified by the court ( Full Answer )

Can a father win sole custody?

Yes, if the mother is proven incapable of taking care of the child(ren). To succeed in a petition for custody the father would need to provide evidence that the mother is unfit. The factors used to determine that a parent is unfit are generally governed by state laws with child endangerment being ( Full Answer )

Does birth mother have sole custody if birth father is paying child support?

An unmarried mother has sole custody in most jurisdictions until the father's paternity is legally established. It is assumed the father's paternity was established in your case if he is paying child support. You need to check all the documents associated with your particular court case to determi ( Full Answer )

How can you get custody of your son from mother in jail?

If you're not married you need to establish your paternity legally and petition the family court for custody. If you're not married you need to establish your paternity legally and petition the family court for custody. If you're not married you need to establish your paternity legally and petitio ( Full Answer )

Which states do not automatically give sole custody to mothers?

All of them particularly if the father has signed the birth certificate or has otherwise been legally deemed as the father. ' The law has become gender-neutral in areas of child custody and the father has as many rights as the mother when it comes to custody. Ultimately, it comes down to the dec ( Full Answer )

Can a mother obtain sole custody when joint custody is already in place and the father is ill?

Yes. If there has been a significant change in the circumstances the court reviewed to grant joint custody, the mother can petition for a change in custody. The court will review the evidence and testimony and render a decision. Yes. If there has been a significant change in the circumstances the c ( Full Answer )

Can a father with domestic violence and child protective case open get custody of a child?

Of course it is doubtful given the facts that have been provided. However, all the details need to be examined. You should consult with an attorney or an advocate at the family court. Of course it is doubtful given the facts that have been provided. However, all the details need to be examined. You ( Full Answer )

Can a mother with sole custody deny visitations to an unfit father?

A mother cannot deny court ordered visitations. She must return to court, seek a modification of the order and provide evidence that will compel the court to limit visitations. "Unfitness" must be determined by the court. A mother cannot deny court ordered visitations. She must return to court, see ( Full Answer )

Can the father win custody of a 3 month old girl. He has domestic violence charges on him. The mother is young but is in school and working and is a good parent?

The court's primary concern in custody cases is the best interest of the child. Being young and in school is not a reason to take custody from a "good" mother and the court would not make a custody change for those reasons as long as the child is well cared for in the mother's absence. It would be ( Full Answer )

Can the mother give grandmother custody if mother has no clue who the father is?

The mother must go through the family and probate court to establish her mother as the legal guardian of her child. The court will advise her how to proceed. She will be required to sign legal documents under the penalties of perjury attesting that she does not know who the father is. If he comes fo ( Full Answer )