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In such cases custodial rights are determined by the judge based upon the circumstances of the involved parties. Some of the factors a judge considers are, the reasons for the parent's move, the ages of the child/children, the emotional/maturity level of the child/children, transportation issues, the other parent's personal and financial matters, and so forth.

2006-08-18 12:44:36
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When you are getting arrested do the police have to read your rights?

No. Rights are only required before a custodial interrogation. If you are arrested and the police are not going to question you, you may not be given an advice of rights.

Who should pay child support if a woman becomes pregnant from a one night stand?

In most cases it doesn't really matter how the woman became pregnant. All that matters is if she is going to keep it and if she is going to take care of it personally. If the woman keeps and and assumes custodial rights, then the father should pay child support because he did help create the child and isn't providing for it otherwise. However, if she gives custodial rights to the father, then she should have to pay the child support for the aforementioned reasons.

Child lives with non custodial father and the check is going to the custodial parent money is being spent on things other than the child?

File a motion to modify. see link

Can a custodial parent keep her child's baby from going to her child's father on visitation?

I'm assuming that you have a teen who has a child and you wish to deny the father access. This is no a choice the grandparent legally has.

What rights does a non custodial parent have for visitation before going to child support court?

A married father has equal access until a court rules otherwise. For a single father, a temporary visitation order may be imposed by the court, however, it is more likely the child support and visitation orders will be addressed and rendered at the same time.

What rights does a non custodial parent have for visitation before going to child support court in Kentucky?

Support and visitation are separate matters. You can be ordered to pay without having any rights. see links below

Can a woman's boyfriend or husband adopt her children with out having their father give up his parental rights?

The child's father is going to have to give up his rights first. You cannot adopt a child, if both parents do not agree.

How do you get the father to sign his rights over to you?

If he's behind on child support and he 's going to jail tell him you'll keep him out of jail if he signs over his rights. My sister had that happen with her kids bio. father. it worked for her

Can you sign away your parental rights without going to court?

If you're in the US, then no. Termination of parental rights (which is a different thing than custodial rights) has to be approved by a judge, and generally speaking, unless it is for the purpose of adoption (where someone else is willing to assume those parental responsibilities), it is not approved.

Can the non custodial parent refuse to tell the custodial parent where the child is going to be during vacations?

Yes, unless addressed in the order.

Can a custodial parent waive back child support and keep the non-custodial parent from going to prison?

only with the court's permission

Can a father get full costody?

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.

How does a father get visiting rights to see his child without going to court?

He doesn't. Only the courts can award/enforce visitation.

Who gets custody of children when going through divorce?

If the parents cannot reach a voluntary agreement, the court decides which parent should have primary custodial rights depending upon the best interest of the child.

If you give up your rights as a parent what will happen to you as the father What will happen about back child support?

what is going to happen when i give up my right as a father? will i still have to pay child support?

If you get married before you have the baby who has legal rights to the baby my husband or the father?

Depends on your state. In MI, the legal father of the child is the mother's husband. If your child's father is not going to be your husband, do the right thing and let him be involved.

Can a 18 year old sue a biological father who gave up his rights in California when the child was an infant?

Depends what you are going to sue him for...

Is your sons father going to go to jail for not paying child support even if he signs over his parental rights?

Yes. The father may be able to terminate his rights but not his obligation for child suppor unless someone has stepped up and adopted. If that is the case, then it should be in the courts decision. A father just can't sign his rights over unless there is a second person willing to adopt said child.

What are the custodial rights of underage mothers in Mississippi?

Young mother of 15 chooses to live with her mother in New York, The mother is now in High School with very stable life and all the support for her baby from Mom Little brother and Step-Father. She is living in a house with her own room and her and her babys needs are all met. The Missssippi court says they have rights and wants the mother to live with her Biological Father who doesn't have a Job, is doing drugs and doesn't have a place to live. The Father doesn't even have a job. When she was with her father she wasn't going to school, the baby wasn't seeing the doctor or getting her shots. It was terrible, We spent over $1700.00 been to 3 court rooms and haven't seen a judge yet. The one making the ruling is a friend of the biological father and seems to be ruling in the fathers favor. What rights does the young mother have?

Does an arresting officer have to read rights?

No. "Miranda" rights are only required before custodial interrogation. In other words, if the officer isn't going to question the person he's arresting, no advice of rights is needed. Added: Also, in the case of some minor offenses (e.g.: misdemeanors, ordnance violations, traffic cases) it is not necessary to "Mirandize" the suspect/arrestee.

If a married couple was separated and live in separate household and the children was living with the mother and mother dies who gets children?

It is going to vary depending on the state, but I know in Maryland the father gets them. Added: USUALLY the non-custodial parent will be awarded full custody. HOWEVER - it can vary depending upon the circumstances and a decision of the court. If the non-custodial parent's rights are challenged, a hearing will have to be held to demonstrate whether or not some other family member may be a more "fit" guardian to raise the children.

What is the difference between you are going to and you will go to?

Near and distant future, respectively.

Can a father be forced to sign his parental rights over without going to court?

A biological parent cannot be "forced" to reliquish their parental rights. The can file a voluntary termination of parental rights in the state court of jurisdiction or the court can permanently terminate parental rights due to abuse and/or neglect.

Can a paternal father sign over his rights without a DNA test or going to court?

Yes. If he is not on the birth certificate and is willing to do so. He can sign an affidavit basically saying he does not know and does not care to know whether or not he is the father. That affidavit will relinquish all rights. That is in Texas. I don't know about elsewhere.

If the father does not see the baby can he lose his rights?

To my knowledge visitation rights are only ever revoked by a court after going through legal proceedings , so in theory if he does not see the child and the mother moves to court it is possible.