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.
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.
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 more comprehensive answer can be given. Regarding the above - if a custody and visitation order is in place and she is removing their son from her state of residence in violation of it, the father may, in fact, have recourse through the courts.
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 decide. The judge will see to what is in the best interest of the children and if one of their parents has lost his job for instance it would not be in their best interest to remove him from their lives.
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.
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 he decided to return them...I did not have custody papers and nothing could be done since he was the father
Sole physical AND sole legal custody? If so, most likely as long as the visitation does not interfere with the non-custodial parent's court ordered visitation. If it does, then the parent planning such a vacation must secure permission from the other parent, or permission from the court beforehand.
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.
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.
Generally, it depends on the marital status and whether there is a custody/visitation order in place. Married parents have equal parental rights. When there are existing court orders in the United States a custodial parent cannot remove the child from the state for any extended period without the consent of the non-custodial parent and the court of jurisdiction. A non-custodial parent has visitation rights and denial of those rights by the custodial parent would constitute a contempt of court. Most states adhere to the Uniform Child Custody Act which would recognize any order regarding child custody and visitation entered by another court. Many people do not realize that a divorce automatically gives the state control over your child until they are no longer minors. You can't just decide to move. The matter would need to be reviewed by a judge. 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 could not move without the father's consent and/or a modification of the visitation order by the court. A father with no established parental rights would need to file for an temporary emergency order to prevent the mother from leaving the state. He would then need to follow up and establish his paternity to gain his parental rights at that time.
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 court. The matter might be the jurisdiction of a state or federal court depending upon the resident or citizenship status of the parents.
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. 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. 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. If the non-custodial parent objects the court will hear their objections, evaluate the reasons for the move and render a decision.