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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.
What else can I help you with?
If the father has primary custody of his kids and is not responsible for them is there a chance that the mother can get them back?
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.
Can i get sole custody if the father hasn't tried to see his child in 3 months?
No, 3 months is not long enough for them to remove parental rights.
If i won primary custody of son but am not satisfied can i modify again within 6 months?
You are not likely to get a hearing that fast.
What percent of women win child custody cases?
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.
Can a non-custodial parent claim a child 6 months out of the year?
If awarded joint physical custody.
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
What would be psychological effects on 5 month boy to be separated from his mother or father who have joint custody for 6 months each?
It's better to have Bird Nest Custody. see link
Can you legally move if you have physical custody and a legal custody was never established?
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.
If a mother leaves her children in the care of a step father in Texas and goes to Oklahoma for 4 months can she be charged with abandonment if they are well taken care of?
the father should file for custody
If the father hasn't seen his children in 6 months hasn't come around or tried to see them or asked about them or anything so I have to take him to court to get full custody?
You can try taking him to court. This does not mean that you will get full custody.
Can a 19 year old father that works get joint custody of his 2 months old daughter .Mother is 16 years old living with her mother at grand parents house because they have no place to live?
If he is legally the father he has a chance, of course. It's up to the judge. He has to petition the court for custody.
Is it legal to take a child out of state if father is on birth certificate?
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.
