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He would be required to prove to the court's satisfaction that the mother is unfit.

The factors used to determine that a parent is unfit are generally governed by state laws with child endangerment being the determining factor. The following include some of the reasons a parent may be declared unfit:

  • physical, emotional and sexual abuse
  • excessive discipline
  • failure to protect the child from abuse by others
  • failure to report abuse of the child
  • neglect- failure to provide food, clothing, proper hygiene, necessary medical treatment, schooling
  • failure to provide proper medical care
  • failure to provide day to day parental care
  • serious illness or disability
  • mental illness
  • substance abuse or addiction
  • Alcoholism
  • criminal activity and/or associations
  • incarceration
  • conduct or conditions that are seriously detrimental to the child
  • abandonment
  • child endangerment
  • leaving the child unattended or in the care and supervision of a child
  • a failure to provide adequate supervision
  • unsafe living conditions
  • a medical condition that makes it impossible for the parent to adequately care for the child
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Q: On what grounds can a father obtain full custody away from mother?
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Related questions

How can you get residential custody of child as a single father?

A single father, what does that mean? Are you divorced, ever married to the mother of your child, or is the child adopted by you, or is the mother dead or out of the picture? If your question is "How does a Father obtain residential custody after a divorce or in a paternity case", then I can answer this question. Let me know what your grounds for custody are. What is it about the mother or other parent that makes it harmful for the child to remain in their care?


Is it a crime if a father forcefully take infant out of house without mother's consent?

If you mean that the father hit the mother, and that is the reason she left the father, then no, that is not grounds to obtain custody. The courts usually award custody to the mother, unless she is unable to care for the child, or if she has been proven an unfit parent. Hitting a woman, especially the mother of your child, may actually go against you in a custody suit against the mother, and the mother had every right to take the child and leave if the father of her child hit her. The courts may also look at it as if the father hits the mother, then he may hit the child, too.


How can an unmarried mother obtain authorization to travel with her young son overseas if she and the child's father have never been married or established custody?

establish custody


Can a mother obtain Legal custody of her child if the father has been deported?

Yes. She should visit the local family court and file a petition for sole legal custody.


How do you I file for sole custody of your son when you are not married to his father?

Generally, as an unmarried mother you already have sole custody of your child under the law in every state. The father must establish his paternity in court in order to obtain shared custody and visitation rights. Until he does, you have sole legal custody.


Can you obtain custody of an unborn child in NC?

Of course not. It is inside a woman's body. No one apart from the mother can obtain "custody" of a fetus. Custody battles must wait until the child has been born.Of course not. It is inside a woman's body. No one apart from the mother can obtain "custody" of a fetus. Custody battles must wait until the child has been born.Of course not. It is inside a woman's body. No one apart from the mother can obtain "custody" of a fetus. Custody battles must wait until the child has been born.Of course not. It is inside a woman's body. No one apart from the mother can obtain "custody" of a fetus. Custody battles must wait until the child has been born.


Is it legal for the mother to lie about the father's whereabouts in custody cases in order to obtain full custody?

NO. in court you have to make an oath to be telling the truth and nothing but the truth. to be lying could get you sent to prison


Does the father still pay child support if the mother voluntarily gives custody to someone else?

No, if the mother voluntarily gives cutody to someone else, she can no longer be paid child support because she no longer has custody of the child. What happens now is the father can obtain custody because he does have rights or the person who has custody and have legal guardianship can file for assistance in which child support can be included or filed.


What can a father do if he doesn't live with his children but their mother goes to jail?

He has to file a child in need of care petition to obtain custody. see links below


How does a mother get custody of her 14 year old if the father has custody?

By petitioning the court with jurisdiction for a modification in the custody order, wait for the court hearing and then provide compelling evidence and documentation why it would be in the best interests of the child for the mother to have custody. I would strongly recommend you obtain the services of an attorney experienced in family law to assist you.


How do you adopt your husband's 12 year old daughter?

You need to obtain the biological mother's consent. You should consult with an attorney who specializes in custody and adoption issues.You need to obtain the biological mother's consent. You should consult with an attorney who specializes in custody and adoption issues.You need to obtain the biological mother's consent. You should consult with an attorney who specializes in custody and adoption issues.You need to obtain the biological mother's consent. You should consult with an attorney who specializes in custody and adoption issues.


Does your father have the right to take custody of you if you want to live with him?

No. He cannot obtain legal custody without a modification of the custody order by the court. He would need to petition for a change in custody. The court would review the petition and render its decision. It would be easier if your mother consents to the petition.