What custody rights does a father and a husband have to his children after a year of no contact with the children?
Generally, if married he has custody rights equal to the mother unless she has brought a petition for sole custody in his absence. If he is not married his custody rights must be established by a court order.
How likely is it for the father to get custody if the mother was unfaithful and then left the marriage and family?
The father will find it easier to get the custody of the children , as the wife has left both the husband and as well as the children and is least interested in them.
Your husband cannot get joint custody of your children from a prior marriage. Custody arrangements are made between parents of children. Your present husband can legally adopt your children with their father's consent. He would then have all the legal rights and obligations of a biological father. The children would become his legal heirs-at-law.
If I have sole legal custody of my children in the state of Illinois if I died would my husband get customdy of my minor children or would their legal father?
Their biological father.
Can a mother and her boyfriend or husband file for full custody of the mothers children together that you share joint custody with your exhusband who is the childrens father?
Boyfriend or husband (unless he is the biological father) has no legal right to the child at all. The mother can try to go for full custody though.
You will need a lawyer to try and get you full custody of your children and your lawyer will have to prove your husband is abusive to his children. If you presently have duel custody of your children and you take the children to the UK you could be charged with kidnapping.
I live in PA and I am the noncustodial parent. My attorney told me that if my ex-husband dies, I would get immediate custody of my children.
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.
Your daughter died She has 2 children She was married but husband did not adopt the children you are the grandmother Do you have legal custody?
Unless he was designated in the Will, but the father can also challenge.
A judge cannot force a married couple to stay away from each other if they don't want to. If one party wants the other to stay away, the court has the authority to restrain them with a restraining or protective order in some cases. If the court finds that the children are in danger from one or both parents, they may remove the children from the parents' custody or restrain the dangerous parent from having… Read More
The father of Britney's two children was ex-husband Kevin Federline, who currently has custody of the boys.
If the mother has sole physical custody and shares joint legal custody with the father the two never married if the mother dies can her husband who is not the baby's biological father assume custody?
No, unless the baby's biological father relenquishes his parental rights, he would get custody of the child if the mother dies, not her husband. The biological father must sign his rights away to the mother's husband.
If you are the custodial parent but work at night does the biological father have the right to take custody of the children?
If you have custody awarded or appointed by the court, the father will have to go through the court to get custody. Usually, to reverse such an order, he would have to prove that being in your custody is detrimental to the children. There is shared custody. They have lived with the mother since the divorce four years ago. He has not paid any money for support. Mother has had children more than the 50%… Read More
A father can get custody of the children if it can be demonstrated that that is in the best interest of the child. The father being the primary caregiver would help.
If you have sole legal custody in the state of Oregon if you died would your husband get custody of your minor children or would their legal father get custody?
My husband had this happen to him..... The mother had sole custody, she died in a car accident. Father picked her up and now had sole custody of her. We called around to different attourneys to see if we had to do anything through the courts to get sole custody, and we were told that due to bio mother dying biodad instantly got sole custody. Now if he didn't want sole custody then a near… Read More
If a father gave full custody of the children to the mother on their divorce papers what right does the father still have to see his children or share custody?
You have the visitation rights that were established in the divorce, and you have no custody rights.
If the father has primary custody of his kids and is not responsible for them is there a chance that the mother can get them back?
Only if the mother can prove repeatedly that the father is not responsible. Our custody case is in FL and our lawyer told us that when my husband deploys with the military that his children can remain in our home and do not have to relocate to the mother's home for the 6 months he will not be there.
The father was awarded custody of his children.
If the mother has interrupted her career more than the father for her children, surely she has the better argument for custody? Custody should depend on how the children are treated, not on how hard the mother found it/finds it to get a job. The father would probably have to work less when they have custody of the children anyway.
Getting married and husband wants to adopt your children from a prior marriage and you have full legal custody of all your children?
You still must have permission of the father. There are a few states where if you're been denying the father access to the child for six months or more, the permission is not needed.
In Texas if the mother has custody of the children and goes to prison does the father still have to pay child support?
Yes, if the father is not given custody he will be obligated to keep paying support to whomever the court awards custody or guardianship of the children.
If she has custody of the kids. Legal custody.
What are the rights of the father of a married womans unborn child when the father is not her husband?
The father has created an extremely complicated legal situation. He has no rights unless he obtains them through a court order. The husband of a married woman is presumed by law to be the father of any children born during the marriage. If the mother is willing he can execute an affidavit of parentage and then initiate a custody case to obtain joint custody. He should consult with an attorney who can review his situation… Read More
You petition the court. They are the ones who grant you all types of custody.
Contact the father so custody can be givin to rightful parent.
If I have joint custody with me as primary parent with child support in New Mexico and father moved to California without paying or visiting can I get full custody?
As your husband left you all in New Mexico and went to California without paying the money or even bothering to visit the children and as you ar ethe primary parent you can claim full custody of them. IMPROVED ANSWER: You MUST contact the court to request this. Only the court has the power to order the change to the custody award. Given the circumstances it is quite possible you may be awarded full custody… Read More
Unless he's abusive, an alcoholic, a repeat criminal, a drug addict, doesn't provide for his children or has a partner that is either of these - you can't. The father has the same every right to access the child as the mother.
* If the father has full custody of the children, yes. * If he has partial or shared custody with the mother, it may be a violation of parental rights; that area is quite dicey, so talk to a lawyer. * If the father has no custody but does have visiting rights, then again, talk to your lawyer. * If the father has no rights to the children, then there is no crime committed.
Father and mother never married children born in Florida father now lives in Georgia does he have to legitimize them in Georgia to have them come live with him?
If the children live with their mother in Florida and the father never established his paternity legally, a Georgia court would have no jurisdiction over the children. Their mother has sole legal custody. If the father wants to establish his "parental rights" he will need to establish his paternity where the children are domiciled. Once he has established that he is their father he can request joint custody or a visitation order and the mother… Read More
If a biological father has had no contact with his child then can he get custody of him if something happens to the mother?
Unless the biological father has relinquished custody, he can ask the court to grabt custody in case the mother dies or cannot take care of herself.
As the father has joint legal custody of the child he can not say he does not want the child at the paramour.
if he's the father, and approved by the court. It can be done Pro Se
Can a father that pays child support find those children on his tax return when the mother has sole physical custody?
If the father provides more than 50% of the support for the child, he is entitled to claim the children on his taxes. Consult an attorney or contact Legal Aid (for free or low-cost legal advice)
If your ex boyfriend filed a restraining order against you but there is no visitation schedule do you have to allow him to see his children since there is no contact ordered?
Unfortunately, no. But, why do you have the children? The order should have included custody and protection of the children. Mothers who are abusive toward the father of their children account for 55% of all fatal child abuse.
How does a father get custody of his children if he was never married to the mother an the kids are twins and 1 month old?
The father would need to petition the court in the jurisdiction where custody was determined for a modification in the custody order, then be prepared to present a compelling case why it would be in the best interests of the children for him to assume custody. It would be in your best interests to have expert legal representation when challenging a custody order.
If the child has been residing with the step-father for x amount of time he may be able to get physical custody of the child unless the biological father wants to take the physical custody than he can get visitation.
If mother has sole custody never married father can husband get custody of step child before mother dies?
Depends if it is a single trailer or a double-wide
That is dependent on the circumstances.
If this was done through the courts, then no.
A father may be awarded custody in cases where the court feels it would be in the child's best interests to be placed with him.
Can I wife restrict visitation rights if the husband cheated and then set up camp with a new woman and 2 young children?
No, & restricting visitation is actually an easy way to lose custody of the children. Hurt feelings & opinions are not laws & wives alone cannot decide when or if her children's father can see them. Cheating & getting into a new relationship do not make a man an unfit parent, & it isn't right for children to not be able to see their father simple because their mother doesn't like his new girlfriend or… Read More
Does father have to sign papers for children to go on cruise with mother who has custody and father has visitation?
If the children are leaving the country, yes. See related question link.
What is the law on having children with your ex-husband and living with a man who is not their father?
There is no current law prohibiting you from living with a man who is not the father of your children. If you marry him, he becomes their stepfather. This in no way changes the relationship between the father and the children, he is not their ex-father he is only the ex husband. You may need to remind him of this, if he is worried about his relationship with his children. Unless he is abusive, the… Read More
Can your ex husbands soon to be ex wife contact your youngest sons father about her and your ex husbands court case when there is a no contact oreder between your ex husband and his soon to be ex wife?
Yes. The no contact order affects the "ex husband and his soon to be ex wife" and not the "soon to be ex wife and your youngest son's father". Yes. The no contact order affects the "ex husband and his soon to be ex wife" and not the "soon to be ex wife and your youngest son's father". Yes. The no contact order affects the "ex husband and his soon to be ex wife" and… Read More
Mom has full custody children don't want to go to dad's can mom force dad to take them when she goes on vacation?
A father who does not have legal custody of his children cannot be forced to take care of those children while the mother, who has custody, is on vacation. And really, it would not be good for the children to be left with the father if that father actually didn't want to take care of them, but was forced to do so by some form of legal coercion. Children should be cared for by someone… Read More
No, you slowly make it harder, i.e. first use half, if father continues declining, file full custody
What is the law in Georgia regarding the courts appoints the father as custody of the children and he dies who gets custody of the children?
The other parent unless they lost custody because they were unfit. Then a relative can get it if they are interested or the child ends up in foster care.
Take it to court. What shes doing is taking custody of the children, if its not a legal custody, court is a good way to figure it out.
The mother, unless proven to be unfit or incpable of caring for the children, and regardless of her marital status, invariably gets custody after a divorce.
What can you do to get your child back from a person who said he was the father and got a court order along with a restraining order and he's not on the birth certificate?
Courts do not grant parental rights, custody and restraining orders without evidence. They do not grant custody to a man who only "says" he's the father or to someone who is "presumed" to be the father. They establish paternity first. You should contact an attorney who can review your situation and explain your options. Courts do not grant parental rights, custody and restraining orders without evidence. They do not grant custody to a man who… Read More
It depends on the custody order already in place. If the mother is violating the custody order, the father can sue her for contempt, and ask that she be appropriately sanctioned. If there is no custody order in place, the father will need to sue the mother for legitimation or divorce, depending on whether they are married, and ask that custody be determined.