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Single mother with sole legal and physical custody of child looking to move out of state what are the laws?
Amynkayla
Visit or call your local family court to find out when you can speak to someone there. When I was considering moving out of state (I'm unmarried, my child's father is on the birth cert), I spoke with a liaison at our local courthouse who told me I was well within my rights to move anywhere in the country *until a judge says otherwise.* If a judge has granted full custody, you need not worry.
If you have "assumed" custody (i.e., you were never married to the father and the matter has *not* been in court), or if there are pending family court issues I *definitely* recommend going to the courthouse and speaking with someone there.
Wiki User
∙ 16y ago
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If legal and physical custody was granted to the mother is that the same as full physical and full legal custody?
Yes. Legal and physical custody granted to the mother means full, sole legal and physical custody.
Can a father who has joint physical custody of his son be granted sole physical custody if the mother is in jail?
Either parent can have physical custody in a joint custody arrangement. If there is a court order granting the mother physical custody the father should notify the court of the mother's incarceration and have that order modified unless he wants the mother to resume physical custody when she is released.
If mother has physical custody of the child who has the authority to make burial decisions?
The party with legal custody makes the decision. Physical custody is another matter between the parties. Many couples have joint custody with physical custody to the mother. Whoever has legal custody has the right to make important decisions.
Who has physical custody when no paternity has been established?
The mother
Can you gain sole custody of a child by receiving child support?
Depends on circumstances. A single mother has a presumption of sole custody at the time of the birth of the child. Where married parents are separated, there is a presumption of joint physical custody whether or not support is ordered.
Can a single mother have sole custody if she has no drivers license?
Yes.
Can you get custody of your child if the mother leaves state and never has him?
If the mother has legal custody but leaves the state and doesn't have physical custody of your child then that must mean the child is with someone who doesn't have custody. I assume you are not married. In that case, you must establish your paternity in court and request legal and physical custody. If the mother has left the state without taking her child with her the court will certainly want to know who the child is with and will certainly consider awarding legal custody to the other biological parent, you.Perhaps you can convince the mother to consent to your getting legal and physical custody. If not sole custody, then joint legal and physical custody.You should consult with an attorneywho specializes in custody issues. The attorney can review your situation and explain your rights and options.
If a father won physical custody of two girls and mother is appealing saying that she has cleaned up her act what are fathers chances of maintaining physical custody at appeal?
If father was awarded custody before and his circumstances have not changed, unless the mother's situation has improved dramatically the father has a good chance of maintaining custody.
If mother has sole custody never married father can husband get custody of step child before mother dies?
Depends if it is a single trailer or a double-wide
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?
It depends on the laws of the specific jurisdiction. In many cases, if the mother dies, custody would typically go to the father as the surviving parent with joint legal custody. However, the court may still need to officially grant custody to the father. It's essential to consult with a family law attorney to understand the specific laws and requirements in your area.
If the father is granted physical custody can the mother get custody back?
If the decision was recently made, the mother can file an appeal. Otherwise, the mother will have to prove there has been a significant/material change in circumstances - to the judge.
Does a mother automatically have custody even without court papers?
not if she's married, or a single mother living in Arizona
