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Yes, but the father can still file an injunction to prevent it.

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โˆ™ 2009-08-19 21:30:35
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Q: In NJ if mother has sole physical custody of child can we move to another state?
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After physical custody of a child was awarded to the father by the court and joint custody to mother can the mother get physical custody.?

Yes if she can prove that it would be the the child's best interest to be with her physically. Custody orders can change at any time. If there is a sign of danger from the child being with the father, the mother can gain physical custody.


If mother has physical custody of the child who has the authority to make burial decisions?

The party with legal custody makes the decision. Physical custody is another matter between the parties. Many couples have joint custody with physical custody to the mother. Whoever has legal custody has the right to make important decisions.


Does the father have custody of a child if he does not sign the birth certificate?

No. An unmarried mother has legal custody of her child in the United States. An unmarried father must establish his paternity in court via a DNA test. Once established he can petition for custody and/or visitation. He will also be subject to a child support order if he mother is to retain physical custody.No. An unmarried mother has legal custody of her child in the United States. An unmarried father must establish his paternity in court via a DNA test. Once established he can petition for custody and/or visitation. He will also be subject to a child support order if he mother is to retain physical custody.No. An unmarried mother has legal custody of her child in the United States. An unmarried father must establish his paternity in court via a DNA test. Once established he can petition for custody and/or visitation. He will also be subject to a child support order if he mother is to retain physical custody.No. An unmarried mother has legal custody of her child in the United States. An unmarried father must establish his paternity in court via a DNA test. Once established he can petition for custody and/or visitation. He will also be subject to a child support order if he mother is to retain physical custody.


Can you get custody of your child if the mother leaves state and never has him?

If the mother has legal custody but leaves the state and doesn't have physical custody of your child then that must mean the child is with someone who doesn't have custody. I assume you are not married. In that case, you must establish your paternity in court and request legal and physical custody. If the mother has left the state without taking her child with her the court will certainly want to know who the child is with and will certainly consider awarding legal custody to the other biological parent, you.Perhaps you can convince the mother to consent to your getting legal and physical custody. If not sole custody, then joint legal and physical custody.You should consult with an attorneywho specializes in custody issues. The attorney can review your situation and explain your rights and options.


Can a mother take a child and move to another state without telling the father if they are divorced?

Generally, no. If the mother has full legal and physical custody of that child she can move with that child unless the father has visitation rights. She must comply with the custody and visitation schedule set by the court with jurisdiction.


Is the child state property if the parents are not legally married?

No. A child is no one's property. An unmarried mother has sole custody until the father establishes his paternity in court. Once paternity is established the father can petition for custody and/or visitation and the court can prepare a child support order as necessary if the mother retains sole physical custody.No. A child is no one's property. An unmarried mother has sole custody until the father establishes his paternity in court. Once paternity is established the father can petition for custody and/or visitation and the court can prepare a child support order as necessary if the mother retains sole physical custody.No. A child is no one's property. An unmarried mother has sole custody until the father establishes his paternity in court. Once paternity is established the father can petition for custody and/or visitation and the court can prepare a child support order as necessary if the mother retains sole physical custody.No. A child is no one's property. An unmarried mother has sole custody until the father establishes his paternity in court. Once paternity is established the father can petition for custody and/or visitation and the court can prepare a child support order as necessary if the mother retains sole physical custody.


Can a father who has joint custody with the mother stop her from visiting another state?

Can a father who has joint custody with the mother stop her from visiting another state with the child


Can a judge order a child removed from the biological mother's custody?

If the mother is proven unfit or incapable of caring for the child the court can order the child be removed from her physical custody. It is, however, extremely rare for the court to take away alll the rights of a mother to her child.


Mother left a child and moved to another state?

As the mother has left he child and moved to another state, the entire custody will be given to the father. And the mother will have no voice.


Can a grandparent retain physical custody of a child if the mother is not around and the father wants custody?

Yes. Depends on the circumstances.


My daughter's mom dropped her off with me over 5 years ago. We dropped child support no change was made to legal custody. What should I do to ensure that I have legal and physical custody?

You need to return to the court that has jurisdiction and petition for full legal and physical custody and the termination of that child support order. It would go much easier if the child's mother would consent to the petition for custody.You need to return to the court that has jurisdiction and petition for full legal and physical custody and the termination of that child support order. It would go much easier if the child's mother would consent to the petition for custody.You need to return to the court that has jurisdiction and petition for full legal and physical custody and the termination of that child support order. It would go much easier if the child's mother would consent to the petition for custody.You need to return to the court that has jurisdiction and petition for full legal and physical custody and the termination of that child support order. It would go much easier if the child's mother would consent to the petition for custody.


In ms can mother be awarded child support with joint physical custody?

Even sole custody fathers can be ordered to pay child support, when they earn more than the mother. see links


What are the chances of a father getting custody of a young child when the child lives with the mother and the mother is supporting the child with food clothes and insurance?

Slim to none. Usually the courts will take the view that whoever has custody will retain custody, unless it can be proven that the custodial parent is abusing the child or the child is in physical danger.


Can the police force grandparents of a child to give the child to the mother?

If the grandparents do not have legal permanent custody and the mother has proof she is the child's legal custodian, even if she has been absent in the child's life--yes, they can. If you believe the mother is unfit to care for the child or you have had physical custody for a long period of time with little or no contact from the mother, you can file an emergency appeal for custody with the courts. A temporary custody paper will not keep the child with you if she ever signed one as she can revoke it at anytime.


If there is no court order who has physical custody of the child?

Generally, if the parents are unmarried the mother has sole custody until the father establishes his paternity in court.


The mother does not have custody of the child do you have to pay child support?

If there is a court or administrative order in place, you owe child support regardless of who has physical custody of the child, until/unless that order is modified or terminated.


If a mother with phsical custody is incarcerated will the father with joint legal custody be automatically awarded custody of the child?

I think it depends on how long the mother will be incarcerated for. There might be a hearing giving the father temporary custody. But if the father ever tries to get full physical custody of the child in the future, it might not be good for the mother. However, she can never be refused visitation.


Does the mother have to pay child support?

Yes. If the father has sole custody or physical custody the mother will be required to pay child support under normal circumstances. Both parents are responsible for supporting their children.


How do you get custody of another family members child?

I WOULD LIKE TO KNOW HOW CAN I GET CUSTODY OF MY COUSIN AWY FROM HER MOTHER


Can a mother be charged with parental kidnapping if she takes her child out of state and she was never married to the father?

Yes, if:- The father retains sole physical custody of the child, the mother has visitation rights and took the child out-of-state during a time she did NOT have visitation with the child; OR- The father retains sole physical custody of the child, the mother has absolutely no parental rights to the child and took the child out-of-state at any time.No, if:- There is a custody arrangement in place, whether as a written or oral agreement between the her and the father, or as an Order for Child Custody, and the mother retains primary or joint (equally shared) physical custody of the child; OR- There is no custody arrangement in place between her and the father, and there is no Order for Child Custody in place, but she retains primary or sole physical custody of the child and/or the father never bothered to petition for custody; OR- There is a custody agreement in place between her and the father, or there is an Order for Child Custody, and the father retains primary or sole physical custody of the child, IF the mother has visitation rights and chose to take the child out-of-state while she had visitation with the child;- Just about any other scenario, other than the two described above under "yes," not otherwise described here.To sum this up, no, the mother probably cannot be charged with parental kidnapping simply for taking her child out of state. The mother has a legal right to travel wherever she chooses with her child unless a court tells her otherwise. In fact, the mother may move out-of-state with the child permanently if she so chooses, and there is nothing the father can do.The fact that the mother and the father were never married is completely irrelevant. The only difference between unmarried parents and divorced parents, is that divorced parents usually submit a custody plan to (or, more often, one parent receives an Order for Primary Physical Custody from) the family court, which explicitly outlines which parent has custody and which has visitation. If the parents never married, and the child lives with the mother, she is the custodial parent (which means she has primary physical custody of the child) and she can take the child wherever she pleases, whenever she wishes. The father has no legal claim to or right to control how the mother cares for the child while she retains custody, and the mother is certainly not required to seek permission or even notify the father of her intent to leave the state with her child so long as she retains custody,


Can a mother with joint custody give child to somebody else other than father?

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.


Who has the right of custody to a child born out of wedlock under Nebraska Law?

The birth mother has sole physical and legal custody of the child until the court rules otherwise


Who will get full custody of your child you or the father?

Most often the mother gets physical custody but the court can award joint legal custody if the parents get along well and have the best interest of the child as their mutual priority. If the father wants physical custody, generally, he will need to show that the mother is unfit and the child would be better off with him. In that case the court must be provided with evidence of the mother's unfitness and each jurisdiction has its own criteria. See the related question.


What exactly is physical custody?

Physical custody means that a person (typically the parent) has the right to have the child living with them. This could be sole physical custody, or even joint physical custody in which the parents share custody of their child.


Who has custody when both of the parents names are on the birth certificate?

Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.