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.
Can an unmarried mother with full custody take her child out of state without the father's permission?
Child custody laws are different in every state, so it depends on that as well. You could just type in "child custody laws in _state_" and you should have no problem finding it. You would have to review your custody agreement or order if there is one. If the father has visitation rights you cannot remove the child from the state unless he consents and the visitation order is modified by the court.
Can my daughter bring my grandson and visit me in Florida if she is not married to the father when he is strongly objecting and threatening recourse?
Too much information is lacking. Does the father have visitation rights in a custody case? Did she petition the court for permission to remove their son from their state of residence, thereby depriving the father of his legal right to visit his son? What is meant by "visiting?" For how long is the "visit' projected to last? Is she "visiting" with the intention of taking up residence with you? When those questions are addressed a… Read More
Sure the father can move. However, if there are children involved, he cannot remove them from the state without a modification of the custody and visitation orders if the mother has parental rights. It would go easier with the mother's consent. If the mother has custody and he is not planning to take the children but is considering moving himself, he should consult with an attorney ahead of time about modifying his custody and visitation… Read More
What are the rights of the father if the father can't afford to provide all of the demands of the mother to their legal children?
Depends on why you can not afford it, if you are not looking for work etc but child support, visitation and custody are separate issues. You still have rights as their father and can petition for visitation or custody. If the two parents can not afford to provide for their children there is welfare. And your wife can not set just any demands, they have to be reasonable and that is something the judge can… Read More
From Macky in Discussion: If no custody order has been issued when it pertains to a married couple the law presumes both biological parents to have equal custodial rights.If the couple is unmarried the mother has full legal rights to the child until the father establishes paternity and is granted custodial or visitation rights by the court.This means in most instances the biological mother may remove the child from the state of residency without permission… Read More
That depends on whether the other parent has visitation rights. If so, you cannot remove the child without the other parent's consent or/and court approval.
Yes, a father can change his child's last name. However, this depends on the custody arrangement, and who has primary custody.
Can an unmarried mother move out of state with her child when the father is not listed on birth certificate but has filed for sole custody?
No. It would be very unwise for the mother to remove the children when a petition for custody has been filed. She must attend the hearings and cooperate with any court orders. Removing the children and failing to participate in the court process could result in her losing custody. Just because the father has requested sole custody doesn't mean that the court will approve his request unless the mother is deemed by the court to… Read More
When a parent does not have court ordered custody papers..any parent can have thr chilld...EX if the father takes him and doesn't want to return them well there is nothing you can do...if you call the police..they want a copy of the court ordered custody papers to remove the child from the non custodial parent....protect yourself get court ordered papers....my children were take by their father...i had no choice but to wait it out till… Read More
That depends on whether the other parent has visitation rights. If so, you cannot remove the child without court approval.
You should be able to, but every custody agreement is different. It should specifically state in your custody papers from the court if it is allowed. In the absence of an existing agreement that depends on whether the other parent has visitation rights. If so, you cannot remove the child without court approval.
That depends on whether the other parent has visitation rights. If so, you cannot remove the child without the other parent's consent or/and court approval.
That depends on whether the other parent has visitation rights. If so, you cannot remove the child without the other parent's consent or/and court approval. That depends on whether the other parent has visitation rights. If so, you cannot remove the child without the other parent's consent or/and court approval. That depends on whether the other parent has visitation rights. If so, you cannot remove the child without the other parent's consent or/and court approval… Read More
Generally, it depends on the details- state laws, the marital status and whether there is a custody/visitation order in place. Married parents have equal parental rights. Unmarried mothers have sole custody until the father establishes his paternity legally. The mother could move if the father had never established his parental rights. Once his paternity is established he can request joint custody and visitations and the mother would be required to obey the court orders. She… Read More
In Arkansas custody is assigned to an unmarried mother unless there is reason to give custody to another person. A father may get custody if he is determined to be a fit parent and he is able to show the court that it's in the child's best interest to remove the child from the mother's custody and award custody to him. He would need to show some degree of unfitness on the mother's part that… Read More
If you are in the middle of a divorce can you move out of state if the father of the children was abusive to one of the children?
No. The court has jurisdiction over your case and over your children. You cannot remove them from the jurisdiction without the court's permission. You need to bring the situation to the attention of the court so it can investigate and modify the custody/visitation orders, if necessary. If you move the court will impose sanctions on you.
What is the NC laws for parents who aren't legally divorced or seperatedis it kidnap if they remove the children from one home to another?
In reference to a married couple, they are equal as regards the children, but in the real world, the mother can still get the father arrested for child abduction because of the prevailing assumption that she has custody. A male police forgets to ask for proof of custody. By the time it gets straighten out, the mother has filed a motion for temporary custody. As such a father should not even consider this unless the… Read More
No. One parent cannot remove a child from the state where they live if the other parent has joint custody or visitation rights. You need court approval. If the non-custodial parent objects the court will hear their objections, evaluate the reasons for the move and render a decision. No. One parent cannot remove a child from the state where they live if the other parent has joint custody or visitation rights. You need court approval… Read More
Can the mother of a child remove the child from the fathers residence in Arizona if her name is on the lease.?
No. Custody and visitation rights are completely separate from the problems you two have about the lease. That is something you two have to figure out without getting the child involved.
If neither parent has custody can the father take their child to live with him and it not be a crime so long as he files a parenting plan and one lives in Maine state?
It is assumed that the parents are unmarried and it is doubtful that neither parent has custody. In most jurisdictions in the United States an unmarried mother has legal custody of her child. Generally, the father must establish his paternity in family court and once established he can request custody and a visitation schedule. The court will also issue a child support order. The court will not terminate the mother's custody unless it deems her… Read More
Can a father take the child when a relationship is ending if the mother is unfit What steps would the father take to remove the child from the home and into the safe environment?
Yes, either parent can take a child if there is no custody agreement set into place yet. The father will need to hire an attorney and fight the mother for custody in court if he thinks she is unfit.
No, 3 months is not long enough for them to remove parental rights.
If a common law couple with a two year child separates and the father has not moved out yet should the father be allowed to take the child overnight to his parent's?
If the mother disagrees, the father may find he has a problem. If the parents are not married he may not have the legal right to remove the child depending on state law. If the couple cannot work out a mutual agreement for visitation and support Dad may need to bring the matter to family court to establish paternity. The court will establish a child visitation schedule as well as a child support order. All… Read More
Generally, no. You haven't mentioned whether the parents are married or who has legal custody. Generally, one parent cannot remove the child from the other parent without a court order. If the parents are unmarried and there has been no custody order established then the mother has legal 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… Read More
Yes, I teach fathers how, though I endorse bird nest custody. Answer As long as you can prove you are the father the name makes no difference. There must be a record of your child support payments. The father must prove to the court that he would make a better parent if he wants to remove the child from his mother's custody. It will be up to the court to decide after hearing testimony, considering… Read More
When the biological father has sole custody and the mother has signed away her parental rights many years ago how does a biological father remove his name from his child's birth certificate?
he says i dont want your dam child
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?
Obtaining a passport for a minor in the US requires both parents. You'd would have to get a court order giving you custody. *Being granted sole legal custody does not necessarily mean the custodial parent can remove a minor child from the US. If the court grants sole custody to one parent and visitation rights to the non custodial parent permission to take the child out of US would need to be granted by the… Read More
You can if the mother gives you permission. It is possible she could call the police on you for kidnapping if you remove the child without her consent.
If a mother has full custody of her children does the father have the right to remove his last name from the children?
Do the children have his name on their birth certificate? If so he can do what he wants, but they still have that name. He has to live with it.
That depends on whether the other parent has visitation rights. If so, you cannot remove the child without court approval. Although the practices may vary from state to state. Generally, if there is a divorce or custody order that court has jurisdiction over the child and the parent cannot remove the child from the state so as to affect the other parent's access. The non-custodial parent may consent if their visitation needs are taken into… Read More
If a parent is a meth addict can the other parent who has visitation rights remove the child immediately?
Yes, if you have an arrest for meth or they can prove in some way that you are currently using meth.. The courts will normally remove the children from the home of a meth addict until a live in program has been completed. And then a slow process of reunification with random drug testing will follow. If the other parent is granted custody during the process you will probably never regain complete custody.
My fifteen year old son's father has full custody of him and he is getting a divorce and she has a restraining order on his father?
My son is refuseing to leave his step mom's house to live with me or his father and the police will not make him leave i have to get him removed by gaining custody so she has no rights anymore what can i do if my son is a problem once he is in my care and doesn't want to reside with me or his father and threatens to run away and causes grief what… Read More
A judge cannot force a married couple to stay away from each other if they don't want to. If one party wants the other to stay away, the court has the authority to restrain them with a restraining or protective order in some cases. If the court finds that the children are in danger from one or both parents, they may remove the children from the parents' custody or restrain the dangerous parent from having… Read More
Can the father of the child who does not have custody win back custody if mother cannot support child financially if the father is going in the navy?
Money will rarely if ever be a consideration for the court with regard to the best interest of the child. That is why the non-custodial parent will pay child support. If the mother is a good parent other than that, it is very unlikely that a court would remove the child from her.
No, you cannot move a child out of state if you have joint custody.
How can a German citizen father gain custody of his American born son from his ex-wife who currently lives illegally in the US?
Can't. Germany will not honor American Father Custody Awards, and America wil not honor German ones. In fact neither honors them from any country. Only mother custody awards. You will need to file here and hope the court will grant you the right to remove the child from the country. see links below
Courts will listen to testimony from the child as to what parent they would like to live with. However the court will decide what is best for the child and that may not be living with the parent they choose. Keep in mind, if the child is living with his/her mother courts rarely remove the child from them. In order to make in a change in custody or visitation you have to prove a serious… Read More
Yes. The court order is still in effect. Whether you can move with the child depends on whether the other parent has visitation rights. If so, you cannot remove the child without the other parent's consent or/and court approval.
First, without a court order, the mother cannot prohibit the father from seeing the child. If he has not voluntarily given up his rights to the child, and a judge has not created a custody schedule, the father has as much right to see the child as the mother. Second, if the father does voluntarily give up his parenting rights, or a judge does involuntarily remove his parenting rights (or awards full custody to the… Read More
What is it called when a mother and grandmother has legal right of a minor child or can that be done?
Either the biological parents have custody of a child or another adult is appointed by the court as guardian. Generally, a court must remove legal custody from the parents in order to appoint a guardian. If the grandmother has custody she would be the legal guardian. Generally, parental custody and legal guardianship cannot run together. Either the biological parents have custody of a child or another adult is appointed by the court as guardian. Generally… Read More
If it's a matter of the mother and father having separate custodys over the child, at the age of 15 a child can refuse to visit the other parent, even so far as to go to court, and remove the custody of one parent. You can also choose which parent you want to have full custody of you.
Yes, depending on the circumstances. Generally, the parent who has custody must be deemed unfit for the court to remove the children from their custody. You should seek advice from an attorney who specializes in custody issues in the jurisdiction where the children reside.
If you are not married, you do not have to put him on the birth certificate. However, you really SHOULD do it for many reasons, not the least of which is to establish parentage for legal reasons in order to obtain child support and visitation, allowing the child to have a father's presence in their lives. And even if you leave it off, that does not remove the right of the father to petition the… Read More
This is dependent on whether the parents are married. If not, he has no legal rights to the child, so the only legal means to do so is to file for custody while in possession, on the very same day. As for a marriage, barring a custody order, he has an equal right to the child. Another Perspective He should be prepared to explain his decision when he gets his turn before the judge. You… Read More
How do you go about writing a letter to Friend of the Court because the father of your child is harassing you?
A friend of the court writing is not appropriate. You need to take other civil action or practical actions to remove his ability to contact you: A restraining order, moving to an undisclosed location, public meeting places for visitation, and other possibilities abound. Record any phone calls you receive from him, take a witness with you for visitation.
You have the right to file for a change of custody with the court. You will have to present convincing evidence that the child's mother is unfit to retain custody of the child. Frankly: It is a stiff burden of proof to overcome to convince the court to remove a child from its mother's custody.
Although the practices may vary from state to state. Generally, if there is a divorce or custody order that court has jurisdiction over the child and the parent cannot remove the child from the state so as to affect the other parent's access. The non-custodial parent may consent if their visitation needs are taken into consideration. The parent who desires to move must request permission from the court and the court will hear objections.
Custodial parent has suddenly passed away Father with joint custody has tried to retrieve his children but the grandmother will not let him remove them from her house What can he do?
If the mother had primary residential, than the grandmother has a right to the children, but this not not preclude access rights. This is why this needs to be addressed in the custody decree. You may need to file a custody challenge to be granted primary residential. But, if you are being denied access, that's interference with custody, which could become a police matter. Access Dads House for further info and help. See links below.
If children have lived with their father for two years but would like to live with their mother again but the father will not let them is there anything stating they can or cannot?
I think what you're saying is that there is no court order in place. If that is the case, then neither parent has legal custody, so who ever has the children then has custody. So, if the children were to return to the mothers care, or if the mother were to obtain the children she would then have custody. This is the case in North Carolina. I can't speak to other states. However, I would… Read More
Does a 16 year old have to move to another state with mom if dad has custody or does mom have to go to court first to get custody?
If Dad has custody, not only does the 16 year old not HAVE to move with Mom, the 16 year old CANNOT move with Mom. That's how custody works. If Mom wants to take the 16 year old, Mom will have to go to court and obtain custody first (and, especially if the 16 year old doesn't want to move, which from the way the question is worded I'm guessing might be the case, she's… Read More