Children and the Law

In the state of VA if a father has primary physical custody of his child since she was 4 months old can the mother come in and take the primary physical custody away from him?

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2009-07-16 05:21:19
2009-07-16 05:21:19

Not if you have it by court order, but this is a major failing in fathers when the mother runs off. They don't get a custody or child support order.

They fully expect mom to come back, than even when they do move on, they still don't get an order. This is particularly bad for single fathers, because without a court order, they legally have no assume rights to the children (see link). For marred men, the mother comes back, ask for visitation, which he gives freely. She gets possession of the children, than files for custody. He's left with an expensive custody challenge, especially if she claims she left because he was abusive.

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Only if the mother can prove repeatedly that the father is not responsible.Our custody case is in FL and our lawyer told us that when my husband deploys with the military that his children can remain in our home and do not have to relocate to the mother's home for the 6 months he will not be there.



No, 3 months is not long enough for them to remove parental rights.


That's interpretive as there are four levels of custody. Sole Custody Joint Legal with Primary Residential Joint Physical Custody Bird Nest Custody Fathers with primary or sole custody runs 15%. Joint physical custody runs 25% Mother with primary or sole custody is 60% But, single mothers have sole custody by default in 100% of the cases until ruled on otherwise by the courts. Also, attorneys tell fathers not to try for custody as they don't win, and most attorneys that do try are not fully capable of representing fathers, so the mothers win. In the cases where fathers do challenge for custody, 60% of them will be accused of child sexual abuse as a tactic by the mother to prevent him getting it, but even when successful, they can still lose as 30% of them learn they are not the father of one or more of the children. If he does win custody, he can than be accused of domestic violence committed some time in the previous 12 months, as which point an injunction stops him from getting the child until he can prove himself innocent. If he does prove himself innocent, or it was found that he defended himself when she attacked him, then he cannot have custody because that's still considered domestic violence against the mother.





Yes, however the other parent has up to six months to file an injunction to order the return of the child to the jurisdiction of the court pending a custody and access rights decision.




It depends on what state you are in and if your mother has legal custody. In many states, she can assign a temporary guardian for the few months left until you turn 18. However, if your father objects to this, even without custody, it can still lead to complications.


the prisoner was remanded in custody for a further 2 months


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.


The first thing you need is hard proof that your child would be in danger when he is left with his father, witnesses, police reports of past incodents, you can even ask for supervised visitations, so your child will never be alone with the father. Good luck! I have temp custody of my cousin who is 10 months old I have had her in my home for 7 months now both parents are in jail, I want full custody of her due to the fact the child is at high risk, with violence and neglect in the home, both grandparents are drug users, and been in trouble with the law. they do not help finicially take care of her nor do they see her but every 3 months are so 1 visit. I know longer know what to do? can you help?




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 visitation.


First, there is a time limit for filing an appeal, and you need to take the time to properly prepare evidence for the argument. The late James Cook, the father of joint custody was a friend, and he recommended preparing at least three months of evidence. Have you also considered Bird Nest Custody? see links below


The best, easiest, and safest way to do this would be to get a lawyer(one that knows custody cases), have them draw up the papers, you and the father both sign them, and the lawyer will file them and get the judge to sign them. Should take no more than 6 to 8 months at the most.


NO. The court sees this as an opportunity for the mother to hide the child from the child's father. Any decisions of this matter MUST be decided by the courts with the father's knowledge, unless child is in danger of death from father. Sorry. That would depend upon the original custody order, if there is none in place, the parent who has physical custody of the minor child may place them in the temporary custody of a family member or qualified adult. The legal definition of temporary custody is three months or less, any longer term must be determined by the court in accordance with the laws of the state of residency. If the parents have joint custody either in a voluntary agreement or one ordered by the court, then both parents must agree to the temporary arrangement in writing.


Yes, but she first has to go through court and if the judge thinks the father is unfit, or if the child is old enough to choose who they want to live with, then the judge could give custody to the aunt.


Yes, this is an overal cost load for your portion of the child's care. It is independent of where the child is unless both parties agree to changes. It also depends on what kind of custody you're talking about, physical of legal? Legal custody has nothing to do with child support If you have 50/50 physical custody, that's way different Child support may not even be exchanged. It all depends on how much money is made by BOTH parents.


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.


Possibly. It doesn't help her case at all to have a DUI. It doesn't hurt to take her to court over this. Also, you should mention that being away from the kids for 6 months has hurt their relationship. The kids shouldn't be confused with on-again/off-again relationships where sometimes the mom is there for them and sometimes she is in jail.


This is dependent on whether it is voluntary or due to denial of access, as happens in 60% of the cases.



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