Does anyone know? we asssume this in happening in the U.S..
It depends on the laws of the specific jurisdiction. In many cases, if the mother dies, custody would typically go to the father as the surviving parent with joint legal custody. However, the court may still need to officially grant custody to the father. It's essential to consult with a family law attorney to understand the specific laws and requirements in your area.
In Illinois, the court determines child custody based on the best interests of the child, not on factors like infidelity. Both parents have an equal opportunity to seek custody or visitation rights, and the court will consider various factors to determine what is best for the child's well-being. Ultimately, the focus is on creating a custody arrangement that supports the child's physical and emotional needs.
It depends on the custody arrangement established by the court. If the father has legal visitation rights, then you may be required to allow him to visit his daughter as outlined in the custody agreement. If there are concerns about visitation or safety issues, you can address them through legal channels.
It is possible to face legal consequences if you take your children without permission and there are no custody papers in place. This could be considered parental abduction, which is a crime that can result in arrest and other legal actions against you. It is important to establish custody arrangements through the proper legal channels to avoid potential legal issues.
In most cases, an unmarried parent can move to a new town without the natural father's approval. However, custody agreements or court orders may impact this decision. It's advisable to consult with a legal professional to understand the specific laws and regulations in your jurisdiction.
If the custody agreement specifies that the father needs your written permission to take the child out of the state of Georgia, and you deny him permission, then legally he would not be able to take the child out of the state without facing potential consequences such as violating the custody agreement. It is important to follow the terms of the custody agreement in order to avoid any legal issues.
If you are not married the custody automatically falls on the mother and the father have to go to court to get visitation or custody. If you are married you have equal rights.
The father's step sister has no legal rights in this case. A mother automatically has custody of her child.The father's step sister has no legal rights in this case. A mother automatically has custody of her child.The father's step sister has no legal rights in this case. A mother automatically has custody of her child.The father's step sister has no legal rights in this case. A mother automatically has custody of her child.
The childs' father, married or not. Your relationship to the father is irrelevent. The father is the first on a long list of family members. Create a living will if that is not acceptable.
Unless they are married or he has custody he has to return the child or it will be kidnapping. If you are not married and you have not established paternity yet or have not petitioned for visitation or custody she does not have to let you see the child. When not married she automatically get custody since there is proof she is the parent.
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.
Only with permission of both parents. Your marriage to the father with joint custody does not automatically confer parental rights including access to medical records without written permission from both parents in cases of joint custody and may not even apply if the father had full legal and physical custody. This is federal law (HIPAA). If you were to legally adopt the child, those rights were be conferred by virtue of the adoption.
Yes, but there are steps you must take to get to that point. First, you will need to file a petition to legitimate child and modification of child custody (unless you are legally married to the mother). Normally, in most Georgia cases, you will automatically be granted joint legal custody, but not necessarily joint physical. Determination of physical custody will depend on MANY different factors. You may have to prove the mother unfit... more than that, you will have to show that the 'change in custody' will be in the best interest of the minor child... not the parties.
Either parent can have physical custody in a joint custody arrangement. If there is a court order granting the mother physical custody the father should notify the court of the mother's incarceration and have that order modified unless he wants the mother to resume physical custody when she is released.
the person who has physical possesion of the child.
If the parents are married they both have equal right to the child unless one party gets temporary custody pending a divorce. If they are unmarried and have never been married the mother automatically has custody. The father would have to go to court to establish his paternity and petition for joint custody and visitations.
No. If she tries then the father should immediately seek full legal and physical custody of his child.No. If she tries then the father should immediately seek full legal and physical custody of his child.No. If she tries then the father should immediately seek full legal and physical custody of his child.No. If she tries then the father should immediately seek full legal and physical custody of his child.
No, unless the baby's biological father relenquishes his parental rights, he would get custody of the child if the mother dies, not her husband. The biological father must sign his rights away to the mother's husband.