Generally, if the parents are unmarried, the mother has sole custody until the father establishes his paternity legally. Until then she can refuse visitation. However, when the father's paternity has been established he can request custody and/or a visitation schedule. He will also need to pay child support if the mother retains physical custody.
A married mother cannot keep the child from the father without a court order to that effect.
No. You would need to go to court to ask for a modification in visitation in order to deny him seeing his child.
If two people are married and share a child, they both have equal custody rights to the child unless declared otherwise by a court.
As long as the parents are in agreement. And they cannot violate a court order.
How do I sign over my parental rights without going to court?
If the minor has the permission of the custodial parent she can. However, if there is a child support order in place, it will become a matter of the court regardless.
If the kids live with the father then he can... but if the kid live with the mother then he has to notify her first.
Yes, a mother can fight for custody. Unfortunately, the courts are going to tell you no, if you can't prove the change in custody is beneficial to the child's well being.There were reasons why the father was granted custody in the first place. Generally, there must be a change in circumstances in order to take the case back to court. If nothing has changed there is no reason for the court to spend time going over the same case again. Perhaps the mother can prove to the court that the factors leading the court to award custody to the father have been addressed. Perhaps the child is better off with the father. The mother needs to convince the court that a change in custody is in the best interest of the child and not the mother's interest.
Asbsolutely ! It depends on the circumstances of the parents. The court will decide which parent is in the best position to provide on-going care for a child. They will, however, usually order 'visitation rights' to the parent not granted custody. The custodial parent has no right to defy the court order without authority from the judge. So, for example, say the father was awarded custody, and the court ordered that the child is stay with the mother every second weekend... The father couldn't refuse the child staying wiht the mother for the time granted without going back to court.
If the court decree says that her father has custody, then no she may not. Legally. Now, as a practical matter... it's going to be pretty hard to convince a court to actually do something about it unless the mother is addicted to crack or something (and even then, it's probably going to be a hassle).
The court would have to award you custody.
There is no law that stops the mother from going away with another man and leaving the children with the father. However, these circumstances would make it difficult for the mother to win custody of the children in court.
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if its taken to court and the mother has a clean record she will most likely get custody of the child and if the father does not pay child support he has no rights at all..(im going though this same thing in court) about the only way he can is if he proves that the mother is unfit
If the question is "how does a mother sign away her rights to a child before the child is born so that the father can be the primary parent?". The answer is, she can't. Mothers and fathers alike will have rights and responsibilities to their children unless the state determines them to be unfit and terminates their rights OR unless a step-parent decides they wish to adopt and papers are filed for the termination of the mother's or father's rights so that the step-mother or step-father can adopt instead. If the question regards a mother who does not want to be a primary parent to the child and a father who wants to be a primary parent (the parents are in agreement). There should be no problem transferring custody to the father with or without the court's involvement. Either parent may raise the child without interference from the court as long as the other parent agrees. However, mothers, like fathers, may be assessed for child support in this situation. In the eyes of the law, the child's best interest is what matters and if a mother does not want a relationship with her child, the court is still going to hold her responsible, financially, for that child. Also, if the child wants to seek a relationship with the mother, the court would want the child to be able to know the mother and find the mother. Only in the case of adoption either by a step-parent or by another couple will the court sever the rights of a mother or father. No action concerning custody, visitation, child support or any issues concerning the child can be or will be addressed by the court until the child is born and parentage is established.