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Q: What do you do if your children want to live with you and there father has been in default of the custody order for years now will you be able to get custody?
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What can you do if the mother will not allow the children see or talk to their father abruptly?

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.


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.


Do you have to drop off your children if the custody order is not signed?

No, you don't, but isn't the greater concern the children having access to their father?


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.


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 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.


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.


Does a father still pay child support if he assumes custody for one of two children?

You will need to take this up with the courts to get the original custody order changed.


Does an original custody order against a father still stand when a third party takes temporary custody from the mother?

Yes, unless the father objects to the temporary custody order and obtains a modification of the original order.Yes, unless the father objects to the temporary custody order and obtains a modification of the original order.Yes, unless the father objects to the temporary custody order and obtains a modification of the original order.Yes, unless the father objects to the temporary custody order and obtains a modification of the original order.


What does full care order mean for children?

Generally it means the mother has sole custody with limited access to the father.


Is it kidnapping if husband won't give kids back if they were left in the mothers custody when the separation occured?

* 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.


Can your fiance get temporary custody of your children with a power of attorney form?

No. Custody must be granted by a court order unless the parents are married. If you are unmarried and want to give temporary custody of your children to your "fiance" it must be done through the court. You haven't mentioned whether the "fiance" is the father of the children.


Can you move out of the state of Kansas with your children when you're not married and neither parent has custody?

An unmarried mother has custody of her children until the father establishes his paternity in court and requests custody or an order for visitation. Once his paternity is established she can request child support.She can move but he may be able to stop her by filing a motion in court.An unmarried mother has custody of her children until the father establishes his paternity in court and requests custody or an order for visitation. Once his paternity is established she can request child support.She can move but he may be able to stop her by filing a motion in court.An unmarried mother has custody of her children until the father establishes his paternity in court and requests custody or an order for visitation. Once his paternity is established she can request child support.She can move but he may be able to stop her by filing a motion in court.An unmarried mother has custody of her children until the father establishes his paternity in court and requests custody or an order for visitation. Once his paternity is established she can request child support.She can move but he may be able to stop her by filing a motion in court.