Custody

What custody rights does a father and a husband have to his children after a year of no contact with the children?

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2013-06-11 22:29:34
2013-06-11 22:29:34

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.

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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.


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.



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


The father of Britney's two children was ex-husband Kevin Federline, who currently has custody of the boys.


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.


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.


The father was awarded custody of his children.



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 contact with the children. In the case where a court finds that the husband is abusive to the children, and the wife does not stop it, and the wife wishes to remain with the husband, it is common for the court to remove the children from both parents' custody and place them in state custody because the father is abusing them and the mother is neglecting them by not protecting them from the abusive father.


If she has custody of the kids. Legal custody.


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% of time. Mothers attorney said that father has rights to custody since the mother works nights and they are with her new husband. Since he is blood father he can take custody of children! I find this hard to believe but have to face the fact that it maybe true. I find it a great disruption in their schedule and hard to see a judge changing it but could it happen?


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 relative could petition the court for sole custody. Hope that helps some.


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.


You petition the court. They are the ones who grant you all types of custody.


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.


Contact the father so custody can be givin to rightful parent.


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.


Generally, they would go take the father to court and claim for custody (protection/safeguarding) over the children.


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 can request a child support order if the children are to remain in her physical custody.If the parties want to make the change in custody by consent of the parties he should consult with an attorney to determine how that can be accomplished.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 can request a child support order if the children are to remain in her physical custody.If the parties want to make the change in custody by consent of the parties he should consult with an attorney to determine how that can be accomplished.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 can request a child support order if the children are to remain in her physical custody.If the parties want to make the change in custody by consent of the parties he should consult with an attorney to determine how that can be accomplished.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 can request a child support order if the children are to remain in her physical custody.If the parties want to make the change in custody by consent of the parties he should consult with an attorney to determine how that can be accomplished.


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.



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