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?
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.
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.
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.
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.
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!
Yes because the father is the rightful guardian of the children.
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.
the biological father is next of kin
Their biological father.
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.
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.
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.
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.
yes, and file for custody based on custodial interference.
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.
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.
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.
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.
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.
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.
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.
only if mum has custody
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.
He fights for custody.