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What can you do if your child was taken under the impression it was for a visit and there have been no previous custody hearings and the child has not been returned?
Wiki User
∙ 12y ago
United States
This is a legal problem. In the United States there are laws and guidelines that govern domestic issues and no person must try to solve this type of problem on their own. The laws provide checks and balances to protect the legal rights of the individual from abuse by stronger individuals.
Since details about marital status or any existing court orders were not provided, the following is a brief general summary to help the mother plan a strategy to enforce her legal rights.
- An unmarried mother has sole custody of her child until that status is modified by a court order. The father must establish his paternity through the family court and then obtain a court order to establish his custodial rights. He may petition for joint custody or sole legal and physical custody if he believes the child would be better off with him. The court will render a decision based on the evidence.
- If the parties are married then each has equal parental rights and the father has no right to keep the child from the mother without a court order.
- If the parents are divorced the father is keeping the child from his mother without the legal right to do so since he does not have custody. In this case, his keeping the child from the mother would be against the law.
The mother should contact an attorney or a legal advocate at the court immediately. She may be advised to request a restraining order and to have the child returned from the father's home. The state laws must be applied in this case and the court will render its decision based on those laws.
Wiki User
∙ 12y ago
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Does Alabama Dhr handle custody hearings?
No, in Alabama, a judge through your county court system is who will handle your custody hearings. DHR or DHS do not handle these but they may be involved in the hearings.
How can you get sole custody of your 3 children from a previous relationship?
You can get sole custody of your children from a previous relationship by by filing custody paperwork through the courts. A judge will then review the case and determine which parent should receive custody.
What does remand in custody mean?
It means to order someone returned to full custody (usually associated with ordering someone back to jail).
Will a parent win custody of a child and get child support if they did not get custody of a different child from a previous marriage and is behind on that child's support?
Here their chances are very slim indeed as they have not paid up for the child's support, and they may do it again or have done it before that is why they did not get custody of the child from a previous marriage.
If I have Sole Custody of my children's in the state of Kansas can I change their names on their documents?
You will need to talk to the Judge that handled the divorce or procedings. That is a legal matter that requires a Lawyer and court hearings.
Can a 17 yr old take her mother to court so that she can continue living with her dad.. even though her mother has full custody?
This has been done, however custody hearings tend to take time. If you are 17, you will proably be a legal adult before the custody hearing process has been completed rendering the whole process moot.
Can you get arrested for leavin your house without permission in Delaware?
You are not going to be arrested. But you can be taken into custody and returned to your parents.
How long does a custody hearing take in Florida?
My husband is going through a custody battle in Florida right now and we filed seven months ago and there is no hearing as yet... Still working through the preliminary "stuff" and custody has not been even heard as yet with no scheduled date for a hearing. I know some states there is a law that states custody hearings are given the utmost importance... Florida apparently is not one of them.
How do you win a custody battle without having a job?
For any legal "battle" you need an attorney. For a custody "battle" you need a good lawyer who specializes in custody issues. The court will make a decision that it determines to be in the best interest of the child. The attorney can review all the details of your particular situation and explain your options. The attorney can express your position in the best light. Otherwise you will simply need to attend the hearings, speak for yourself as to why you think the child would be better off in your custody and hope for the best.For any legal "battle" you need an attorney. For a custody "battle" you need a good lawyer who specializes in custody issues. The court will make a decision that it determines to be in the best interest of the child. The attorney can review all the details of your particular situation and explain your options. The attorney can express your position in the best light. Otherwise you will simply need to attend the hearings, speak for yourself as to why you think the child would be better off in your custody and hope for the best.For any legal "battle" you need an attorney. For a custody "battle" you need a good lawyer who specializes in custody issues. The court will make a decision that it determines to be in the best interest of the child. The attorney can review all the details of your particular situation and explain your options. The attorney can express your position in the best light. Otherwise you will simply need to attend the hearings, speak for yourself as to why you think the child would be better off in your custody and hope for the best.For any legal "battle" you need an attorney. For a custody "battle" you need a good lawyer who specializes in custody issues. The court will make a decision that it determines to be in the best interest of the child. The attorney can review all the details of your particular situation and explain your options. The attorney can express your position in the best light. Otherwise you will simply need to attend the hearings, speak for yourself as to why you think the child would be better off in your custody and hope for the best.
Can you get custody of your children if they now live with you?
If there was a previous court order giving the other parent custody, but the children are now living with the non-custodial parent, then yes. You should petition the court to change the custody order to reflect the new living arrangements.
What could keep a mother from gaining custody of her children in the state of Arkansas?
Possession, duis, and possibly previous convictions.
If a mother wants custody returned and files a motion to that effect can you deny?
A motion is not a court order, and she can only get a temporary order of custody while in possession, unless she lied to the court. see Dads House below.
