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The courts prefer the child be placed with a member of the family if they are fit to look after this child. However, as Godparents you do have rights to fight this and if you have spent a great deal of time with this child and the 3 of you have bonded I'd go for it and fight it in court! Good luck! Marcy

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Q: What are the rights of Godparents if the state takes custody of children?
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If you were never married to your baby's father do you have the legal right to move to another state without his permission or do you need to get permission from the courts first?

A mother has sole rights to her children unless/until a court order is issued giving the father custodial rights. If there is not a custody order from the court the unmarried mother may take the child/children and move whenever, wherever she wants.


What is the difference between joint custody and guardianship?

joint custody means both parents have custody of the children and all decisions concerning the children have to be a joint decision... including trips out of the state. I have not heard of access... I am thinkgin access is giving the non custodail parent visitation rights. Research the Laws for your state.


Can a noncustodial parent take a child out of the state of Ohio to the state of Michigan and be legally granted full custody of a child without the custodial parent being notified?

No, and you would be breaking a ton of laws as you have to get custody rights first, and have the other parent either stripped of their rights or they have denounced their rights. Otherwise, a judge is definitely going to send you to jail for kidnapping and will just as likely deny any appeal for custody.


What rights does the father have if his ex-spouse is in the military and is deployed out of the country and names the step-parent as the caregiver of the children?

If you have not had your rights terminated and you still have joint custody you are entitled to visitation as set up by the court. If you have not been to court before over vistation and your name is on the birth certificate you still have the right to go get your child even if she has put the step-parent as caregiver. If you don't have your custody and she has full custody you may go to court and fight for your rights more than likely if you haven't lost custody over your acts then you will be awarded partial or joint custody so you could keep the child while she was in the military. Im in law school that's what rights you'd have in my state


If you died would your son be taken away from his step father and step brother and returned to his biological father seeing as legally he is not my husband's baby or does marriage bring rights?

Marriage by itself does not bring custody rights to non-biological children. Where the children go when the biological mother dies depends on who has custody, whether the non-biological father has adopted the child, whether the biological father wants the child, and on the laws of the state where all of this is happening.

Related questions

Who has custodian rights in a gay relationship?

If you are talking about custody of children, it depends on state law.


Can one parent keep you from seeing your children in the state of Texas?

Not if you have court ordered visitation rights or shared custody.


Can you move your children out of state if you have residential custody?

There is physical (residential) custody and legal custody. If you share legal custody with the other parent of if they have visitation rights you cannot move the children without the non-custodial parent's consent and/or court approval.There is physical (residential) custody and legal custody. If you share legal custody with the other parent of if they have visitation rights you cannot move the children without the non-custodial parent's consent and/or court approval.There is physical (residential) custody and legal custody. If you share legal custody with the other parent of if they have visitation rights you cannot move the children without the non-custodial parent's consent and/or court approval.There is physical (residential) custody and legal custody. If you share legal custody with the other parent of if they have visitation rights you cannot move the children without the non-custodial parent's consent and/or court approval.


Convicted felony can you get your rights back?

Youll have to be more specific. What 'rights' you are referring to? What are the ages of the children? Who has primary custody of them while you are (presumably) in prison?


How can a parent give up custody rights of incorrigible children?

To give up your children to the state means giving up your parental rights, not just custody and the state will not allow that if it's just because the children are not obeying. Children who comes from good homes do not benefit from ending up in fostercare. It's not a miracle solution. You contact the socialworkers and they make a visit and see what is going on and if the court find it justifiable they will let you give up custody to them. You will most likely still pay child support and not get parental rights back.


If parents get imprisoned without arranging custody for their children who gains custody in this case?

It depends on the state, usually the state takes the children into custody, or the closest family relative.


Who has custody of children when a couple is unmarried in the state of Florida?

Technically the mother has the first rights, but there isn't really custody until it is taken to court. To aviod any future misunderstandings I would file full custody of the child.


Are you in contempt of court if you have joint custody of kids an move them out of state?

Unless you have the courts and the other parent's consent you will charged with kidnapping and the children will be brought back and you will lose custody and possibly your parental rights.


Can the non-custodial parent take the children out of state on vacation without the custodial parent?

You can take the child out of state based on your custody order. If you don't have a custody order and paternity has never been established then the mother has sole custody and you only get what rights she grants you voluntarily (including how far away you can take them).


Is it kidnapping in the state of Indiana if your husband moves to another state with OUR children There is no child custody agreement?

No, unless a custody order is being violated, it is not kidnapping for the Father to move out of state with his own children.


Can an out of state parent gain custody of children?

Yes, depending on the circumstances. Generally, the parent who has custody must be deemed unfit for the court to remove the children from their custody. You should seek advice from an attorney who specializes in custody issues in the jurisdiction where the children reside.


What are the rights regarding child's custody of an unwed mother?

It depends on what state you're in...