Unless the mother is considered an "unfit mother" (doing drugs, sleeping around, etc.) then the courts often leave the child with the mother. The courts take into consideration the welfare of the child and who is able to give the quality of time to the child. However, the father has the right usually to see their child, so, perhaps the court system will allow the child to see their father on holidays for a month or two out of the year. You really need a lawyer for this one. Marcy
It doesn't matter where the parents are from. It is decided as in all other divorce cases. Who the court believes would provide the best stability to the child.
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 father gets the custody of the child if the mother dies
Basically it means getting to be the legal guardian of children. For example, if a couple divorces and the mother is given custody of the children, she then becomes the children's legal guardian and they will usually live with her, often with visits from the father.
As unfortunate as this may be it is possible for the father to get custody of the baby, but not full custody unless the mother is proven unfit. Because reguardless of what happened between the couple the father is still the father of the child, and the father still has his rights as a father to be a part of his child's life.
It is not a grant. A married couple has legal custody of their child by virtue of being legally married. An unmarried mother has sole custody of her child, since there is proof that she gave birth to the child, until the father establishes his paternity legally. Once he has established his paternity the father can request custody and visitations.
I believe that the Mother should always have full Custody.. After the father is a convicted felon
Joint custody is between two parents, which are usually a mother and a father.
In most circumstances the mother gets primary custody.
How often is the father awarded custody of the child over the mother in North Carolina?
No, but the father can get the custody if he proves that the mother has bad habits like alcoholic or consume drugs.
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.
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.
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.
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.
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.
Not without the permission of the child's biological mother. When a couple are not married and there is not a custodial order from the court, the law presumes that the mother has sole custody of the child in question.
No, although most courts favor custody to the mother.
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.
Can a father who has joint custody with the mother stop her from visiting another state with the child
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.
The mother. If she dies, her parents get custody.
He can still gain custody as the presumptive father.
Guardianship, but not custody. The father can still challenge. see links