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Any biological parent can petition for custodial rights to a child. However, the law always presumes that the unmarried mother has sole custodial rights to a child unless the situation is such that the child is being abused or neglected. That being the case the court could terminate her parental rights thereby allowing the unmarried father to file for custody. Once child support is ordered it can only be rescinded or amended by the issuing court, an act that judges rarely allow. Minor children are the responsibility of both their parents regardless of the circumstanes and that is as it should be.

2006-08-02 19:25:45
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Q: What can be done so your husband does not have to pay child support for a child born from an affair or could he obtain custody?
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Will the state of Oregon pay agrandmother support for the gradchildren that she wants temporary custody or full custody of?

Welfare will help in obtain child support and/or state aid.


What are your divorce rights if your husband had a child while in an affair?

You have the right to obtain a divorce.You have the right to obtain a divorce.You have the right to obtain a divorce.You have the right to obtain a divorce.


I am married but separated from my husband we have a 1 year old child and I have custody with no order What are your legal rights until you get a custody order you live in MN?

You now only have physical custody, but both you and your husband have equal custody rights to the child. That means he has a right to have physical custody too, and will not get into any trouble if he physically takes the child into his care. If you are afraid he might take the child, you will need to obtain a temporary custody order, signed by a judge, to make sure you become the custodial parent. That said, depending on your husband, the longer you have physical custody of the child, the more difficult it will be for your husband to obtain legal custody should you divorce.


Who gets the custody of the child if the mother is having an affair?

It depends on the state...most are "no fault" states. This means that an affair has no bearing on the results of the case. Well being is the determining factor. She would have to be proven "unfit" by you to obtain a majority or full custody.


What should a father do when his wife abandons their child?

Go to court to obtain custody and an order for support.


Can your husband obtain sole custody of a child that he has by another woman?

It would be highly unusual for a judge to grant sole custody in such a situation. She would have to be deemed an unfit parent by the court or consent to the custody arrangement.


Can you receive child support if you have physical custody but the other parent has legal custody?

If you have physical custody by a court order then you should be entitled to child support payments. If you do not have physical custody by a court order then the physical custody order should be modified so you can receive child support. You should visit the court and ask to speak with an advocate. If that's not possible then you should obtain a copy of any custody and/or child support orders and review them with an attorney.


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.


If you owe child support can you obtain child support for another child?

If you have custody of a child from another relationship then you can request a child support order from the court for that child. Your situation displays some irony.


How can you obtain child support from your husband?

You need to visit your local family court and seek a child support order. There may be an advocate who can help you at the court.


Can your parents file for custody of your son if he lives with them?

Yes. If he lives with them they should have legal custody so they can enroll him in school and obtain medical treatment.Yes. If he lives with them they should have legal custody so they can enroll him in school and obtain medical treatment.Yes. If he lives with them they should have legal custody so they can enroll him in school and obtain medical treatment.Yes. If he lives with them they should have legal custody so they can enroll him in school and obtain medical treatment.


How can you keep your abusive husband from taking your child before a divorce is filed?

Stay with friends or relatives who will keep watch over the child at all times. Obtain a restraining order. Obtain temporary sole custody. Consult an attorney.


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.


Can a Canadian women get divorced from American husband in a Canadian court.. Is it possible for Canadian wife to obtain custody of American born child?

yes, she can get a divorce in a Canadian Court however, the custody of said child will have to be a decision for a family court judge


If you are not divorced from your husband can your can the husband get custody of the children?

If you are not divorced then both parents have equal rights regarding custody, decision making and control of the children. If a couple chooses to live apart one party must obtain a court order to get sole custody of the children. That party would need to convince the court the other parent is unfit and awarding sole custody to the moving party is in the best interest of the children. A husband would not be favored for sole custody simply on the basis of being a man. There must be extenuating and serious circumstances for the court to award custody to one parent. You should consult with an attorney in your jurisdiction who can review your situation and inform you of your rights.


How can an aunt obtain custody of a niece?

Through the courts.


How do you stop child support to a parent who has died?

You have to present a Death Certificate to the court that issued the child support order and request that the order be terminated. If you obtain custody it will be terminated permanently. If there is another guardian appointed for the child a new child support order will be issued.


How do you obtain emergency temporary custody?

file a motion with the court


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.


Can you get custody of an unborn child if you are in the military?

No one apart from the mother can obtain "custody" of a fetus. Custody battles must wait until the child has been born.


If a father pays child support in the state of Georgia can he take the child from the mother?

A father has no right to "take the child from the mother" under any circumstances. Custody is determined by a court order. Obviously, in this case, the court has established a child support order and a custody order. Generally, the father must provide evidence that the mother is unfit in order to obtain custody through the court. Paying child support doesn't give any right to take the child from its mother.


Your children's mother is neglecting them and being investigated by the Department of Children and Families. Her husband is in jail for sexually abusing your daughter. How do you obtain custody?

It is unclear why you didn't obtain custody when your daughter was sexually abused. THat must have been quite some time ago if there was a trial and the defendant is now in jail. You must visit the family court immediately and ask to speak with an advocate. If possible you should obtain legal counsel; an attorney who specializes in custody issues. The attorney can review your situation, help you collect the necessary evidence and file for temporary custody pending a petition for sole custody.It is unclear why you didn't obtain custody when your daughter was sexually abused. THat must have been quite some time ago if there was a trial and the defendant is now in jail. You must visit the family court immediately and ask to speak with an advocate. If possible you should obtain legal counsel; an attorney who specializes in custody issues. The attorney can review your situation, help you collect the necessary evidence and file for temporary custody pending a petition for sole custody.It is unclear why you didn't obtain custody when your daughter was sexually abused. THat must have been quite some time ago if there was a trial and the defendant is now in jail. You must visit the family court immediately and ask to speak with an advocate. If possible you should obtain legal counsel; an attorney who specializes in custody issues. The attorney can review your situation, help you collect the necessary evidence and file for temporary custody pending a petition for sole custody.It is unclear why you didn't obtain custody when your daughter was sexually abused. THat must have been quite some time ago if there was a trial and the defendant is now in jail. You must visit the family court immediately and ask to speak with an advocate. If possible you should obtain legal counsel; an attorney who specializes in custody issues. The attorney can review your situation, help you collect the necessary evidence and file for temporary custody pending a petition for sole custody.


Do have to pay child support to the mother if DHS has removed the child and put her in someone elses care?

You cannot modify the child support order on your own. You need to visit the court, apprise it of the change in custody and obtain a modification of the child support order if the court deems it appropriate.


How can a sixteen year old father obtain joint custody of his newborn son?

He needs to petition the court to have his paternity established. Once his paternity has been legally established he can petition for joint custody and a visitation schedule. The court will also issue a child support order.


How does parent obtain court order establishing sole legalparental custody of 15 year old who has never had contactsupport from the other parent?

court..call local child support agency