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That entirely depends on the state (or country, if outside the USA) where the child legally resides. Providing that information helps immensely when seeking help as laws may vary widely from location to location.
Generally, however, nothing is binding unless it's court ordered unless state or prevailing law allows otherwise, and any parent has the ability to file a temporary custody motion in the court of jurisdiction at any time outlining who has custody and when, including rights to visitation.
What else can I help you with?
How does having children affect the decisions that couples must make when considering a divorce?
It has a BIG effect. If you want a divorce without children you can get it fast and easy. When there is children involved it takes the determination of custody, child support, visitation and parenting time. There is a lot more to go through when kids are involved plus how it will mentally effect the children.
Can visitation be taken from a prisoner?
Yes, but usually not arbitrarily if there is a visitation order in effect before the person is incarcerated.
How does a class h felony effect child custody?
It is possible that the other parent could petition the court to have your custody or visitation limited or revoked as being a bad influence on the child. What the court's ruling might be, no one can tell.
Can your children stay with their aunt while you are overseas if it doesn't effect the other parents visitation?
That depends on the custody orders and the first right of refusal. Why can't they stay with the other parent?
Can your sons father keep him from you if you have never been to court to determine custody?
No. Not unless there is a court order to that effect. The custody order should include a visitation schedule for the non-custodial parent unless she has been deemed unfit and for some reasons the court denied visitation. She should return to that court and take the appropriate action by requesting a visitation schedule is there is none. A custodial parent who withholds visits without the authority to do so can lose custody of the child.
You wanted to know if you marry an inmate how will thay effect your child support?
Before or after a change of custody?
Is child custody law still in effect after child is over 18 years old?
A child custody order remains in effect until the child is of the age of 18. If the child turns 18 before he or she graduates high school the custody order will stay in effect until the graduation occurs.
Can the custodial parent deny visitation to the non-custodial parent if no visitation order is in effect?
Yes. The non-custodial parent must return to court and request a visitation schedule.Yes. The non-custodial parent must return to court and request a visitation schedule.Yes. The non-custodial parent must return to court and request a visitation schedule.Yes. The non-custodial parent must return to court and request a visitation schedule.
How does moving effect fathers visitation?
Moving does not affect father's visitation, however a modification of visitation must be filed with the court to change things if necessary.
Can a mother keep the baby from the father without going to court?
Generally, if the parents are unmarried, the mother has sole custody until the father establishes his paternity legally. Until then she can refuse visitation. However, when the father's paternity has been established he can request custody and/or a visitation schedule. He will also need to pay child support if the mother retains physical custody.A married mother cannot keep the child from the father without a court order to that effect.
Neither parent has custody and the mother lives with the grandparents. Can a father give up rights to a child if the mother doesn't?
Generally:First, custody depends on the parents' marital status. When two people have a child it is rare that neither parent has custody unless there is a court order to that effect. If the parents were never married the mother has custody in every state in the US. If the unmarried father of a child wants custody or visitation he must establish his paternity through DNA testing. If the parents are married then both have equal parental rights. If they are divorced there should be a custody order in place.In either case you need to consult with an attorney or a legal advocate at the court to determine if the father can give up his parental rights and obligations under your state laws.Generally:First, custody depends on the parents' marital status. When two people have a child it is rare that neither parent has custody unless there is a court order to that effect. If the parents were never married the mother has custody in every state in the US. If the unmarried father of a child wants custody or visitation he must establish his paternity through DNA testing. If the parents are married then both have equal parental rights. If they are divorced there should be a custody order in place.In either case you need to consult with an attorney or a legal advocate at the court to determine if the father can give up his parental rights and obligations under your state laws.Generally:First, custody depends on the parents' marital status. When two people have a child it is rare that neither parent has custody unless there is a court order to that effect. If the parents were never married the mother has custody in every state in the US. If the unmarried father of a child wants custody or visitation he must establish his paternity through DNA testing. If the parents are married then both have equal parental rights. If they are divorced there should be a custody order in place.In either case you need to consult with an attorney or a legal advocate at the court to determine if the father can give up his parental rights and obligations under your state laws.Generally:First, custody depends on the parents' marital status. When two people have a child it is rare that neither parent has custody unless there is a court order to that effect. If the parents were never married the mother has custody in every state in the US. If the unmarried father of a child wants custody or visitation he must establish his paternity through DNA testing. If the parents are married then both have equal parental rights. If they are divorced there should be a custody order in place.In either case you need to consult with an attorney or a legal advocate at the court to determine if the father can give up his parental rights and obligations under your state laws.
Can you get custody in one state and move to another state and the court order still be in effect?
Yes. The court order is still in effect. Whether you can move with the child depends on whether the other parent has visitation rights. If so, you cannot remove the child without the other parent's consent or/and court approval.
