If your child is 17 months old and she has been living with you her father for 13 months can you get sole custody?
Has the child's mother exercised visitation? If so, I would strongly discourage you from trying to get sole custody -- unless it is in the best interest of the child. If the mother is doing drugs or putting the child at risk in some other way, then it will not be hard to obtain full custody if you can prove that she is unfit. If she has taken no interest in the child in 13 months, it shouldn't be difficult to obtain sole custody either. However, if the mother cares and wants to see her child and does not put the child at definite risk, then obtaining sole custody won't only hurt the mother, but the child will suffer for the rest of her life. It is extremely important to have a bond with your mother if that is at all possible - otherwise you deal with feelings of rejection, insecurity, low self-esteem, and unworthiness...this I know because my dad took me away from my mom when I was just 8 years old and to this day my mother and I don't have a real close relationship - which as created some real problems in my life. Hope that helps you. And please don't take this the wrong way - if your child is at risk with her mother, you need to take action for at the very least supervised visitation. Take care and good luck.
The answer given by the previous poster is a very good one. You probably would be able to get sole custody. However, unless the mother is adjudicated as unfit (and perhaps not even then) she would not be denied visitation rights. Unless she was willing to relinquish all of her parental rights and obligations. She could be required to pay child support just as a father could be. The emotional aspects IMO are as important as the legal ones.
What is the question? Read More
Can a married father win custody of a child The mother is deceased and child currently living with grandmother?
Custody issues are decided by the courts on the basis of the best interest of the child in question. If the child is likely to be cared for better by the father than by the grandmother, then yes, the father would have a good chance of winning custody. Read More
If you have physical custody of a child in Virginia but the child has been living in Florida for 3 years with his father does the Virginia order still stand if the child wants to come back?
No, as it's been longer than six months Read More
If it is a condition of your custody agreement, yes. If not, no. Read More
Does a father in nc have to give back his child to the mother in sc if no court order custody is in place?
No, both parents have equal rights to the child. If the child is currently living with the father, then he has established temporary custody. A court will need to decide upon a formal custody and child support agreement. Read More
Yes, he is still the father. It's just that the child is not living with him. Read More
Custody would normally go to the closest living relative, and if there are no relatives available, the child becomes a ward of the state. Read More
If your son father name is not on the birth certificate and the child is carrying your maiden name and is living with his father means that now the father has sole custody of the child?
Do the kids make fun of him for having your maiden name? Did you give him custody of the child? Is he his guardian? If so, then yes. Read More
If a unmarried father is in the military and the mother is living with her parents and she has no job what are the chances that the father will get full custody of his child?
15% to Read More
mother has sole custody even if living with father Read More
The courts will determine who gets custody of the child. The courts will consider what is in the best interest of the child. Read More
Does birth mother have sold custody of child if she is not married to father but father of baby is on birth certificate and living with her in Arizona?
No she cant be the mother or have custody for a child she dont even own Read More
If a child is in custody of the state and is out of state living with the grandmother does the father have a right to go and retreive the child?
No. You need to contact the state that has custody to determine your rights. If you go and get the child you may be guilty of custodial interference. Read More
No, 3 months is not long enough for them to remove parental rights. Read More
Any mother can go to court in the US to claim child support form the father for a child she is caring for. Babies are not born by spontaneous combustion. The father is as responsible for the child's welfare as is the mother. If the child is living with the father and custody given to the father, the mother is liable for child support, too. Read More
Yes, unless there is a custody agreement in order. Neither mother or father has custody legally. Read More
That would be called joint custody and can be a good arrangement if it can be accomplished. Read More
Man signed birth certificate that's not the father there is a bio father and the child is not living with the mother which is unfit so does the bio father have full custody?
No, as he has no legal rights to the child even if he sign the certificate himself. You will need to file for custody. see links below. Read More
Does an unwed mother have sole custody in Washington state even if the kids have been living with dad fro the last 1.5 years?
Yes. For the father to get legal custody he has to go to court and petition for it after he has proved paternity. If he has had the child for the past 18 months, this should not be a problem. Read More
Only if unmarried to the father. Single mothers have sole custody in 49 states by default. This is regardless of whether she's living with the father or not. yes but if theres no legal paperwork then its whoever is holding the child Read More
The custody issue would probably depend on the country in which it is tried and where the child resides. It is likely that the child will remain in the country he or she is living in. Read More
Can a father who has joint custody with the mother stop her from moving in state without providing proof of residency?
The mother must provide the address where the child will be living because the father has the right to that information in the best interest of the child. If she does not, the father should return to court and request a hearing on the issue. A mother who continues to be uncooperative in that way could lose custody. Read More
The child must live with the parent who has physical custody per the court order. A "child support paying father" cannot just take custody of the child. Read your court orders. If there is joint custody, there will be some kind of schedule... and no, you can't "stop a child from living with" the father if that's what the order says, even if he is not paying child support (the fact that he isn't adhering… Read More
i have a son in my custody what is the law in the phillipines about child custody if a child abandoned by his father Read More
It's not impossible. In doing so, he would need to file a petition for custody and go to a hearing. The nature of the father's crime would be considered, whether conditions of parole or probation would present a hardship in caring for the child, the living environment the father would provide compared to the child's current living environment, etc. Ultimately, the judge will rule in favor of the best interests of the child when determining… Read More
Father must petition for custody and court will weigh what situation is best for the child Read More
The only way a mother can take a child away from the custodial father for a few months is if the custodial father approves of it in writing, and the Court approves it if the child is taken out of the State. Without approval from the father, the child can only be taken if: 1. The mother has Sole legal custody of the child. 2. There are no orders that the father be allowed any… Read More
Even if no custody and access orders are in place, the father has up to six months to file an injunction ordering the return of the child to the jurisdiction of the court. Read More
As compared to what? Is the mother a child abuser? It depends on the circumstances. Read More
And you are? If the parents were not married the mother has custody until the father can petition for it after he has proved paternity in court. If married you have equal custody. Just living with you does not give you custody. it has to go through court. Read More
If the mother and father were not married when they had a child does the mother get full custody of the child?
In the United States an unmarried mother has legal custody of her child unless and until the father establishes his paternity in court and requests custody and/or visitations. Read More
If the father has custody but the mother raises the child can the mother get partial custody of the child?
If the mother is raising the child and the father has custody the mother should return to court and petition for custody and child support, especially if this is a matter of control. She should consult with an attorney or other legal advocate. Read More
It is very likely that the father could get full custody of the child. It will depend upon the history of the father and if he is willing. Read More
A child does not need to be abandoned by their mother for a father to be awarded full custody. If the father can demonstrate before a judge that the mother is unfit to parent, the judge can award him full custody of the child. Read More
He will not get custody, but he can get supervised visitation. Read More
If child lives with father in a different state but mom has custody where does father have to file for custody?
At the nearest courthouse Read More
No. If she tries then the father should immediately seek full legal and physical custody of his child. No. If she tries then the father should immediately seek full legal and physical custody of his child. No. If she tries then the father should immediately seek full legal and physical custody of his child. No. If she tries then the father should immediately seek full legal and physical custody of his child. Read More
Yes, if the father is deemed fit and paternity established, he should be able to get custody of the child. Read More
If bio-father passes away does stepmother have rights if the child has been living with them for years?
In many states, she only has firm custody if she has already adopted the child. Read More
Can divorced father with primary custody let child live with his 28 year old son and wife or does the child have to stay with mother if not with father?
That depends on the custody order, but she can file for a change of custody. Read More
In most cases the father can get custody of the child if the mother is unfit. The courts want the child to be in the custody of the parent who can provide a safe and nurturing life for the child. It is best to seek the legal assistance of a lawyer for custody issues. Read More
Kid living w unwed father that never signed birth certificate or went to court w mom for custody so can the mother assume custody of child meaning take the kid back wo fathers consent when she wants?
Yes. There is no legal relationship between the child and the man with whom the child is living. Read More
If a child is living with her aunt and was removed from her mothers custody by social services and the father has no interest in the child and has left can the Aunt ask for gaurdianship of the child?
yes the aunt could if the little girl had been taken away from her mother from child services and the father has no intrest. but she can not if the father decides to take custidy then no Read More
My answer to that would be 'No'. The father is responsible for providing child-support regardless of who has custody of the child; at least until the age of 18. Read More
What if the child is 13 yrs old and want to move in with father if you have phyiscal custody of her?
What if the child is 13 yrs old and want to move in with father if you have phyiscal custody of her? Read More
As the father has joint legal custody of the child he can not say he does not want the child at the paramour. Read More
if father dead, you need custody of child Read More
sounds like kdnap to me. does the father have custody? Read More
Does the father have custody of he child even though the child lives with him but both the parents were never married. Can the father come after the mother for full custody.?
With no courts orders in place, the father has no legal right to have the child living with him. The mother has sole custody and control in all states, and he can still be obligated to pay support for this time period. He needs to immediately file a motion with the court to establish his rights and for at least temporary custody, pending a full hearing, before she gets wind of the fact that she… Read More
only if mum has custody Read More