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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.
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.
No, you don't, but isn't the greater concern the children having access to their father?
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.
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.
No, unless a custody order is being violated, it is not kidnapping for the Father to move out of state with his own children.
You will need to take this up with the courts to get the original custody order changed.
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.
Generally it means the mother has sole custody with limited access to the father.
* 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.
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.
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.