If you have custody papers signed and notaraized by both parents can you file them yourself or do you have to have an attorney?
You do not need to hire an attorney to gain access to the courts. However, a person that does not have an attorney represent them does have some risk. Domestic situations involving custody and divorces can be a complicated matter. Many states now have posted information to their websites that provide for self-help type of forms and some basic information. If you cannot afford an attorney, you may be able to obtain the services of an attorney for a reduced cost/no cost. Contact your state bar association for additional information.
usually the 2 parents and their attorneys. So, mom+attorney and dad+attorney = 4-way Read More
She needs to consult with an attorney. Both parents would need to consent to a guardianship with the grandmother as guardian. If the mother doesn't want custody then the father would be the one with legal standing for sole custody. She needs to consult with an attorney. Both parents would need to consent to a guardianship with the grandmother as guardian. If the mother doesn't want custody then the father would be the one with… Read More
You should check the conditions of your custody agreement or contact your attorney. Read More
That depends on where you live and your custody order. Were you granted temporary custody with parental rights intact? Were the parents divested of their parental rights and you were granted sole legal and physical custody? There are all different kinds of custody agreements and they can be modified. Refer to your documents or seek the advice of an attorney for an informed opinion. Read More
No. Non-parents must file for guardianship. Generally, the court will not appoint a non-parent to joint custody with a parent. Either can file a petition for guardianship but the parents rights would have to be terminated by the court in favor of the guardianship. Therfore, the proposed guardian needs the parents' consent or they need to provide evidence to the court that the parents are unfit. You should consult with an attorney who specializes in… Read More
You would need a court order emancipating you, usually this would involve proving in court that your parents are unfit parents and that you are mature enough and capable of supporting yourself financially. Read More
In the state of Louisiana can you place yourself in the custody of another adult without your parents' permision?
You can get emancipated. File at the local courthouse. * Being placed in the custody of another person and being emancipated are two different things. A minor doesn't get to decide who has custody of them. The only way a court will remove custody from your parents is if they have been proven to be unfit in some manner. As far as emancipation, in the state of Louisiana if your parents don Read More
Is a letter giving you custody of your niece good enough to get emergency medical treatment for the child?
No.You cannot transfer legal custody of a child by a letter. Only a court order can change custody. The child's parents or custodial parent must execute a proper Medical Power of Attorney document and it should be drafted by an attorney who will make certain it conforms with state law. Read More
ABSOLUTELY NOT!!!!!! With joint custody, both parents have rights and your son needs to find an attorney to make sure she doesnt move the child out of country. Read More
The sister must seek advice from an attorney who specializes in custody issues and petition the court to deem the parents unfit and grant her a permanent guardianship. Good legal advice is essential. Read More
No. Custody must be granted by a court order unless the parents are married. If you are unmarried and want to give temporary custody of your children to your "fiance" it must be done through the court. You haven't mentioned whether the "fiance" is the father of the children. Read More
Yes, joint legal custody means joint decision making regarding a child's medical treatment and care. Consult your custody documentation or an attorney familiar with family law in your area for more specific information. Read More
The parents have assumed joint custody. Read More
Im a Non custodial parent in NY State who wants to obtain full custody of my son who lives in Florida due to the custodial parents negligence with his education and health how can I get full custody?
You need an attorney in Florida who specializes in family law. Read More
File a motion with the courts in the county in which you live to determine custody. You will probably need an attorney or mediator to help you put together a custody agreement. Both parents will need to agree to all the terms of the agreement and then you are both bound to the agreement unless you choose to amend it. Read More
There is no definitive answer. Your case may need to be addressed by a court order. You should consult with an attorney who specializes in custody issues. Read More
No. You can appeal the court's decision but any custody case will usually be managed in the court of jurisdiction. You need to consult with an attorney in your area, one who specializes in custody and family law. You can file a petition for custody and/or a visitation schedule. Unless there is a question of fitness of the parent, courts seek to encourage healthy relationships with the child and both parents. You could visit the… Read More
Can a grandparent gain custody without the parents' consent if the parents have left the child in their care since birth?
Yes, depending on how much time has passed and other factors. If the child has been abandoned the grandparents have a good chance of obtaining a permanent guardianship. They should consult with an attorney who specializes in custody issues. Read More
Married parents have equal parental rights. They share legal custody. Read More
If the parents are married and living together they have equal parental rights. If you are married and living apart you should consult with an attorney to see if a legal separation is available in your state. If so the court would address custody, support and visitation issues. If the parents are married and living together they have equal parental rights. If you are married and living apart you should consult with an attorney to… Read More
Yes. If you are legally separated then you are still married and both parents have equal rights and obligations to the child. The court can issue a support order, custody order and visitation order if necessary. You should consult with an attorney to determine your options under your state laws. Read More
Neither parent has custody and the mother lives with the grandparents. Can a father give up rights to a child if the mother doesn't?
Generally: First, custody depends on the parents' marital status. When two people have a child it is rare that neither parent has custody unless there is a court order to that effect. If the parents were never married the mother has custody in every state in the US. If the unmarried father of a child wants custody or visitation he must establish his paternity through DNA testing. If the parents are married then both have… Read More
Joint custody is a court order whereby custody of a child is awarded to both parties. In joint custody both parents are "custodial parents" and neither parent is a non-custodial parents, or in other words the child has two custodial parents. Read More
If military mom was deployed and now father wants full custody can she lose custody of the children?
Custodial military parents pose a special problem and many mothers have lost custody of their children by serving their country. You need to consult with an attorney in your state who specializes in custody cases. There is recent case law in many states and recent legislation that addresses this issue. Read More
Yes, they can under extremely narrow circumstances such as the mother being coerced to release the child for adoption. If notified of a challenge they should contact an attorney who specializes in custody and adoption issues immediately. Read More
What if your parents have partial custody and you live with your mom but you want to live with your dad?
Sit both of your parents down and tell them how you feel. You have no right to decide by yourself until you are 18 so this is your best chance. Read More
If the minor child's interest needs to be monitored the court will appoint a guardian ad litem. Custody issues are legal matters between parents. If the minor child's interest needs to be monitored the court will appoint a guardian ad litem. Custody issues are legal matters between parents. If the minor child's interest needs to be monitored the court will appoint a guardian ad litem. Custody issues are legal matters between parents. If the minor… Read More
What is the full meaning of child placement when the father has it and the biological parents have shared custody?
This is not legal advice. For legal advice relevant to your particular situation please consult a qualified local attorney. Custody and Placement are two different things entirely. Simply put, placement merely refers to the place where the child resides. Custody is the legal right and obligation to the oversight of the child. Joint custody means that both parents have rights to the child (access to medical records, etc.) Read More
In the United States both parents have equal rights of custody of the child if they are legally married. Read More
No, because when you are 18, that means you are a legal adult, so your parents or guardian no longer have custody of you. Read More
How can parents who live in Pennsylvania grant temporary custody of a child to the grandparents who live in NJ?
It would not be custody, it would be guardianship. This would only require a notarized letter granting guardianship and a Power of Attorney as regards the children. Also, an agreement to pay child support. Read More
No. Generally, if the parents are unmarried the mother has sole custody until the father has established his paternity in court which he must do in order to establish his legal parental rights. Once paternity has been established neither parent is given preference based solely on gender. An attorney should be consulted. Of the parents are married they have equal parental rights. See related link. No. Generally, if the parents are unmarried the mother has… Read More
Yes a minor Mother does have custody, But because she is a minor her parents have the say over her and she over the minor child of her's. Depending of the age of the minor mother as to what choices she has in dealing with her parents. Read More
If they have sole legal custody- yes. If the parents have joint legal custody- each has a right to take part in that decision. If they have sole legal custody- yes. If the parents have joint legal custody- each has a right to take part in that decision. If they have sole legal custody- yes. If the parents have joint legal custody- each has a right to take part in that decision. If they have… Read More
That depends on whether or not the mother has sole legal and physical custody and the terms of the custody order. Custody orders may be modified with various provisions as requested by the parents and/or ordered by the court. Consult your custody order document and if you can't find it in that, contact the court of jurisdiction or an attorney before you proceed. Read More
Technically your parents will always have custody over you. But if you are a citizen then not really. Read More
Only if the parents are found unfit does the grandparents as well as other relatives have a chance for custody. Read More
The mother. If she dies, her parents get custody. Read More
He/she can't. Only the parents can change custody. Read More
Can a father take his child from the grandparents if no custody order is in place the mother has hid from him for a year and will not give him an address to serve custody papers?
No. Assuming the parents are unmarried, the father must establish his paternity in order to establish his parental rights. This is a serious and complicated situation, legally. If he just takes the children at this point, it will go against him later. He should consult with an attorney who specializes in custody issues. The attorney can review the entire situation by hearing all the details. If the child is in the custody of grandparents without… Read More
Yes. Grandparents are often awarded custody of grandchildren when they are neglected or their parents are unable to provide a safe, stable environment. The grandparents should seek the advice of an attorney who specializes in custody issues. They would need to petition the probate court to be appointed legal guardians. It is much easier if the parents will consent. Otherwise, the grandparents will need evidence and testimony of profesionals. The court will appoint a guardian… Read More
Can a joint custody parent change the enrollment a child from one school to another without the other parents consent?
There are two types of custody: legal and physical. The parent with legal custody has the right to choose which school the child attends. If both parents share legal custody then the decision cannot be made by one parent. Both must agree. That is why joint custody only works well when parents have a congenial relationship. Read More
Question is unclear, or some facts are missing . Minors do not "give" their parents grants of temporary custody. Only the court can award custody. Read More
You need to have BOTH parents sign if they have joint custody. Read More
If two parents have joint custody how many miles apart does the parents need to live from each other?
There are no distance requirements for joint custody. Read More
There is a difference between physical and legal custody. The court can award joint legal custody to the parents and determine that one parent will have physical custody. It can also award joint physical and legal custody with the child sharing her time equally at the homes of the parents. Joint legal custody custody is usually reserved for parents who get along and are willing to raise their child on a solid foundation of cooperation… Read More
The father was not around for the first two years and he is involved in criminal activity. He wants to visit with the child. Can mom be granted full legal and physical custody?
If the parents are unmarried the mother has custody in most jurisdictions in the United States until the father establishes his paternity in court and then requests joint custody and/or a visitation schedule. Of course, at the same time the mother should request a child support order. If the parents are married then each has the same parental rights and the mother needs to consult with an attorney who can review her situation and explain… Read More