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Never been married but have joint custody and other parent goes to jail do the other parent automatically get the child?
Wiki User
∙ 14y ago
If you are the father and have joint physical, than yes. But, if it's joint legal with non-residential, than no. The child will likely go into foster care or into the care of a maternal relative. An emergency motion to modify custody will need to be filed, but if the child is in state care, expect an expensive case. In less than 15% of the cases do family services consider placement with a father. If you are the mother, than generally yes.
Wiki User
∙ 14y ago
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Who has custody of a child if the parent have never married in the state of massachussetTS?
The mother. The father have to petition the court for shared custody.
Does a mother have custody before the case goes to trial if she never married the father?
: No she does not. : Until you go to court the parent who is in possession of the child has custody.
If the mother has sole physical custody and shares joint legal custody with the father the two never married if the mother dies does custody automatically go to the father?
Does anyone know? we asssume this in happening in the U.S..
Who has custody in Missouri if never been married?
Mother has sole custody. I'm in KCMO. see link
If two unmarried people have a a kid together and custody was never established and one parent dies does the surviving parent get custody automatically in ny state?
I will assume this is not a small goat, but a child. The nature of the question does make one wonder though. Custody was established at some point, unless the child moved from home to home in which case, neither parent should have had custody. The child lived somewhere, and that established a default home for the child. You should inform the court of your parental status and your desire to have custody of the child.
If father signed affidavit of paternity does mother still have legal custody of minor child if never married?
Laws vary in different jurisdictions. Generally, an unmarried father who signed an affidavit of paternity has established his paternity and can file a custody case. If you were never married to the other parent of your child, and never signed an affidavit of paternity then you must establish paternity legally (by a DNA test) before you can start a custody case.
In Georgia How likely is it for a father to get sole custody They have never been married but the mom lives with her parents and can not keep a job?
It depends on which parent the court sees more fit.
Who has legal custody of minor child in FL when parents never married but father signed birth certificate how does minor change his name when one parent contests it?
The mother has legal custody from birth if never married. The father have to go to court to get his parental rights and prove paternity so he can seek visitation, custody and pay child support. The mother is in this case the one who decides what name the child will have since she is the guardian.If the custody is not with father, then after getting the custody , they may change the name.
Can a mother take her child from its father and keep it with her at her house if there is no residency order in place?
If the parents are married they both have equal right to the child unless one party gets temporary custody pending a divorce. If they are unmarried and have never been married the mother automatically has custody. The father would have to go to court to establish his paternity and petition for joint custody and visitations.
Can a mother get her children if the father has had them and refuses to let her see them but the parents were never married and there is no court matters dealing with custody?
Since there is no court order and you were never married it is the mother that have custody. He can be charged with kidnapping.
Who has custody of a child whose parents were never married in fl?
When a parent does not have court ordered custody papers..any parent can have thr chilld...EX if the father takes him and doesn't want to return them well there is nothing you can do...if you call the police..they want a copy of the court ordered custody papers to remove the child from the non custodial parent....protect yourself get court ordered papers....my children were take by their father...i had no choice but to wait it out till he decided to return them...I did not have custody papers and nothing could be done since he was the father
Who can file a child on there taxes if the parents was never marriage but both have joint custody who can file?
In general, the custodial parent claims the child for tax purposes. If the court does not make any orders about the tax deduction, then the custodial parent automatically claims the child as a dependent for tax purposes. The IRS income tax rules say that the parent having custody for the greater portion of the calendar year receives the deduction. If the custody time is equal, parents can switch each year who gets the deduction.
