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If you have custody awarded or appointed by the court, the father will have to go through the court to get custody. Usually, to reverse such an order, he would have to prove that being in your custody is detrimental to the children. There is shared custody. They have lived with the mother since the divorce four years ago. He has not paid any money for support. Mother has had children more than the 50% of time. Mothers attorney said that father has rights to custody since the mother works nights and they are with her new husband. Since he is blood father he can take custody of children! I find this hard to believe but have to face the fact that it maybe true. I find it a great disruption in their schedule and hard to see a judge changing it but could it happen?

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โˆ™ 2006-04-11 05:50:53
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Q: If you are the custodial parent but work at night does the biological father have the right to take custody of the children?
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Related questions

If the mother lives in different state than the father can she file for custody of child without father knowing?

No. Biological parents must be notified when the issue concerns minor children of which they share custodial rights. If the couple are not married the law presumes that the mother has sole custodial rights to the minor child/children until legal procedures are followed that might allow the biological father custodial and/or visitation rights.

Does the father have any custodial rights in Texas if the mother has custody but the child lives with the grandparents?

Do you have a court order saying you have visitation? Are you the biological father? If so then YES. Go back to court and file for custody.

Who gets custody of an unborn child?

No one apart from the mother can obtain "custody" of a fetus. Custody battles must wait until the child has been born. The biological mother always retains custodial rights to a child when the couple are unmarried, until paternity is established and the biological father petitions the court for custodial or visitation rights.

If your sister died could you get custody of her 3 children if she is divorced from their father and he is unfit but your sister has remarried someone else and has a child with him?

It's likely, but I don't think that you could legally demand custody. You could work out some arrangements with the custodial step father and the biological father concerning visits and vacations, but you will still need a court order that gives you custody.

When natural mother dies dose stepfather have rights?

the natural father may have custody of the children. it all depends on the individual situation. sometimes the biological is unfit to be the father figure in the children's life and therefor the step father may receive custody. custody will be discussed between lawyers and potential custodial figures;) hope i helped! lemme know!

Can a divorced father get custody of his kids if the custodial parent dies even if she appointed a guardian for them?

Yes because the father is the rightful guardian of the children.

Can a mother transfer her parental rights to her mother before offering custody to the child's father?

No, if what is meant is, can a biological mother of a child give custodial rights to her mother without the necessity of court procedure and/or the agreement of the biological father.

Would an aunt or biological father get custody?

the biological father is next of kin

If I have sole legal custody of my children in the state of Illinois if I died would my husband get customdy of my minor children or would their legal father?

Their biological father.

When a mother dies and the biological father is unknown does the stepfather get custody over the child's sister?

Without a Will, he has no clearly defined custodial rights to a stepchild, but unless addressed in a custody decree, neither does the father. Guardianship reverts to the maternal grandparents.

In Michigan can the biological father waive his parental rights and then the new husband of the custodial parent adopt the children?


If you died would your son be taken away from his step father and step brother and returned to his biological father seeing as legally he is not my husband's baby or does marriage bring rights?

Marriage by itself does not bring custody rights to non-biological children. Where the children go when the biological mother dies depends on who has custody, whether the non-biological father has adopted the child, whether the biological father wants the child, and on the laws of the state where all of this is happening.

Is it considered irreparable harm if mother has prescription drug abuse problem is incarcerated in SC for me to get emergency custody of my children in KY?

If you are the father, the minute that the mother went to jail, you should have gotten custody of your children. If the mother (assuming she is the custodial parent) is incarcerated, then the non-custodial parent should file for an emergency hearing and get custody of the children. State lines are not as important as the welfare of the children.

Can my wifes biological father regain custody over her after the marriage?

No, he shouldn't be able to if she is legally married. If she was underage at the time of marriage and the custodial parent signed off on the marriage and that should have been the end of parental custody.

If you have full custody and move from Ontario Canada to The United Arab Emirates with your children does the father still continue to have to pay support?

yes, and file for custody based on custodial interference.

Can a Noncustodial mother relinquish custody to custodial father?

If the mother is already the non-custodial parent, then the custodial father already has custody. If the question is meant to ask if the mother can give up her parental rights, then you would need to petition the court.

If you were never married to the father of your child and there is not a court order for visitation would a judge remove the child from your custody if you move out of state?

No. If there is not a custodial order in place the law presumes that an unmarried mother has full custodial rights to her child and does not need permission from the biological father or the court in matters concerning the child. In addition, when a child is born out-of-wedlock the biological father must establish paternity before custodial, visitation and child support can be addressed.

Why does father who has custody of two children but still pays non custodial parent child support?

That does not seem right. The father needs to go back to court and get the Judgement altered so that the mother pays the non custodial support.

Can a father take a child out of state if the parents are not married and there is no custody appointed?

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.

What rights to custody of your children does the step father have in the event you were to die?

If the child has been residing with the step-father for x amount of time he may be able to get physical custody of the child unless the biological father wants to take the physical custody than he can get visitation.

What if custodial parent is found to not be the biological father and there is no previous custody agreement does he loose all his rights and have to give the child back to its mother?

How can he be the custodial parent if there's no custody order? His relationship with the child would be the primary factor here. If he didn't know, Paternity Fraud may be an issue for the mother.

Does a father have to pay child support for adopted children?

If the adoption was complete, you are the father of record. If you are the non-custodial parent, you should expect to pay child support. if you are the biological father you do not pay for the children that was adopted. Their new dad does that.

Can a step father maintain custody of a child if the biological father emerges after two years?

only if mum has custody

How can you allow visitation by the biological father with his child who has been adopted by the spouse of the child's biological mother?

There are no laws that would prevent the child from vistation with her biological father as long as her custodial parents agree. The biological father has no legal grounds to seek vistation or custody if the adoption were done according to the laws of the state in which it occurred. Visitation must be voluntarily agreed to by the custodial parents and the child under the terms that they establish. The visitation rights can also be withdrawn by the custodial parent(s) if and whenever they so choose. It would be in the best interest of those involved for the custodial parents to establish guidelines (boundaries) before visitation is allowed.

What happens if there is a legal and a biological father?

He fights for custody.