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?

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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 issue, but they do know who their mother and father are and that's all they need to know. The two of you should put the child first and each other second.
These are only reasons why the father should no longer have further contact with his child:
  • Sexual abuse
  • Not turning up when he is suppose to take the child or visit the child leaving the child feeling alone and depressed
  • The father hangs around with a bad gang or bad friends
  • If the father does drugs and can't be clean enough when he comes to visit his child.
  • If the father is an alcoholic and can't come to visit the child when sober
 I agree with the above but want to add that if you for some reason do not want your child then you should not have sole custody. Just because you do not want her does not mean you should be so ignorantly spiteful and selfish as to keep her from the father - give her to the father then you won't have the issue of having her anymore. You should not punish or blame the child for any issues you have with the father - that has nothing to do with her. You don't deserve to have a child with attitude such as this.
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Does the mother of a child in joint custody have the right to take her out of state without asking the father?

Answer . Absolutely NOT! If you find that you need to move out of state, you need to file a motion to amend your settlement agreement with regards to custody issues. Most likely you will have to pay for the father's attorney's fees in order to do this and the courts do not have to allow you to mo ( 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 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 )

Does the father have to have visitation rights in order for the mother to get child support?

Child support and visitation rights are two separate issues and they are addressed separately. The father's paternity must be legally established in court if the parents are unmarried and the mother seeks child support. Once paternity has been established, the court will issue a child support order ( 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 )

How can a mother get a passport for a child without the fathers consent?

A request must be made of the court to override his power to object, or to remove his parental rights and responsibilities. Because most countries, including the US, do not honor the Hague Treaty when it comes to custody rights claims made by fathers with foreign orders, there must be a limit on al ( Full Answer )

How do you get visitation rights for your child if you are the father of a child?

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 the father keep the child away from the mother if he has custody?

No. Not unless there is a court order to that effect. The custody order should include a visitation schedule for the non-custodial parent unless she has been deemed unfit and for some reasons the court denied visitation. She should return to that court and take the appropriate action by requesting a ( Full Answer )

Can a mother take a child out of the country without the fathers consent?

(in the US) The baby would need a passport to leave the country anda US passport cannot be issued to the baby without the consentof both parents . HOWEVER - if there is any intent contemplatedto permanently separate the father from his child, no , thatis unlawful. This is especially true if there ( Full Answer )

If you have sole custody of a child and you get arrested can the father take the child?

The answer depends on the details which haven't been included here. This is a complicated situation and you haven't explained whetherthe mother is incarcerated. If so the father may have to provide asafe temporary home for the child while he files a petition foran emergency temporary custody order ( Full Answer )

Can a father with sole custody of a child move out of NY state with that child without biological mother approval?

The father must provide at least 60 days notice to the mother to give her time to contest the move. Courts prefer to keep the children accessible to the parents. If the father doesn't provide notice it will not go well for him if there is a related court action later. The mother can file an injuncti ( Full Answer )

Can a father take child out of state without mothers consent?

Provided it is just for a trio or vacation, and not a permanent move, then possibly yes. In other circumstances no. It depends a lot on marital status, legal custody, and any existing court orders. Consulting a lawyer would be a great idea to find out the legalities for your specific situation.

Does the father still pay child support if the mother voluntarily gives custody to someone else?

No, if the mother voluntarily gives cutody to someone else, she can no longer be paid child support because she no longer has custody of the child. What happens now is the father can obtain custody because he does have rights or the person who has custody and have legal guardianship can file for ass ( Full Answer )

What rights does a father have in custody of child?

If the parents are married they have equal rights. If not married, the mother in general have sole custody in most states until the father have established his paternity. When he has done that by DNA test he can petition for custody and visitation in court.

Can the father keep the child away from the mother if she has full custody?

No, of course not. If the non-custodial parent is keeping the custodial parent from the child then the custodial parent needs to get moving and take the matter to court immediately. The custodial parent also needs to get some counseling so that she can assert her rights more effectively and be a bet ( Full Answer )

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 )

Does the father have same right as mother over child custody?

If you are married, yes. 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 ( Full Answer )

Can a mother leave vermont with her child without the father consent?

That depends on the mother's custodial status and the terms and conditions of the original custody and visitation order. There is no "one size fits all" answer that can be given without info about the custodial status and even then, court orders may be modified.

Can a mother and child change fathers visitation rights?

With good cause (allowable reasons vary from state to state), a visitation order may be modified in the court with jurisdiction and/or if both parents agree. If the other parent is in disagreement, your only option is to do this through the courts and even if the other parent agrees, you should stil ( 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 )

If the mother nelgects the child and the father was not found unfit to take care of the child can the state give custody of the child to the grandmother without the consent from the father?

The court may award custody to whomever they feel would act in the best interests of the child and that does not have to be a biological parent. If you do not agree with that decision, you do have the right to appeal, but appellate guidelines move quickly and in addition, you would need to provide c ( Full Answer )

Can a mother get sole custody of a child when she can prove the father is involved in illegal activity?

Yes. She should speak with an advocate at the court since the court can assist her in obtaining the proof needed from law enforcement and criminal courts. The court will appoint professionals for such tasks as to review the criminal records, examine the home environment, and carry out psychological ( Full Answer )

Can a mother with joint custody give child to somebody else other than father?

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 ( Full Answer )

Can a sister give a sister temporary custody of child without fathers consent?

That depends on the legal custody agreement in place. If no custody agreement has been hammered out in court, you should contact the family court in your county of residence, or an attorney, for information on filing papers to assign temporary guardianship of your child to your sister. You may both ( Full Answer )