All of them particularly if the father has signed the birth certificate or has otherwise been legally deemed as the father. ' The law has become gender-neutral in areas of child custody and the father has as many rights as the mother when it comes to custody. Ultimately, it comes down to the decision of the judge who would be better suited to act in the best interests of the child and custody is awarded based on the same. The mother has presumptive initial custody in some states, particularly if the father's name is not on the birth certificate or paternity is otherwise legitimized/established until custody is mandated by the courts.
Yes, the safe environment of a child always comes first, so your chances of gaining full custody are high.
You didn't say if the girl was the mother. Here are some factors: * If the girl is the mother and there is a good reason (drugs, criminal record, abuse, lack of support payments or, the father of the child refuses to see the child) making the father unfit, then yes, she can go to Children's Aid or a lawyer and gain sole custody of the child. Generally the mother will win in this case because the safety of the child always comes first. * If a girl is living with a boyfriend and they have a child together and he is an unfit father as stated above then she can seek the help of a lawyer or Child's Aid and get sole custody of the child. * The girl cannot keep the child away from the father if he is a decent father and she simply decides she wants nothing more to do with him or, she has another boyfriend or even a husband. The father in this case would have every right to have partial custody of that child if he so chooses. * If the girl (mother) of the child is unfit herself then the boyfriend/husband can also seek sole custody of the child should he think the environment the child is raised in is unfit. This of course would be a decision of Child Aid and it could go to court.
When the mother and father share the decision making when it comes to the children is called a joint custody. In this set up, both parents can have access to the records of the child or children and can live with one or the other according custody schedule ordered by the court.
You don't say which of the parents that are incarcerated but their rights to the child comes first. If the father is not in the birth certificate and he has not established paternity to the court so he can petition for visitation or custody and also pay child support, there is nothing that legally says he is the father. Then the maternal grandmother would have a better chance. If the father is not in the birth certificate but he has established paternity to the court so he can petition for visitation or custody and also pay child support, the chance should be equal.
yes he does but it all comes down to the situation of the parents and the children. if courts see that the mother isn't fit to be a good parent, they give the father full custody!! ANSWER: The best way to answer your question is to ask this one to yourself: What is in the best interest of the child? If living with the father is the best situation, then it needs to be fully proved in court.
Typically parents have equal rights to their children, but if the child lives in a different country, it's best to hire a lawyer that knows the laws in that country when it comes to things like custody, visitation, and child support
That comes under child support enforcement, they will file a motion to enforce.
The mother has sole custody and control in most states until the father can establish his paternity. Remember, a child's mother can always be identified by medical records. Since the father didn't give birth and he was not legally married at the time of the birth he must seek other means of establishing his paternity and that is done through a paternity test. A paternity test can be arranged through the court and once established the father can request visitations, custody and set up child support for the child.
Immigrant status play no part when it comes to parental rights so she has the same rights as every US single mother which means she has full custody and is the legal guardian of the child since birth. The father have to prove paternity by DNA and can then petition for shared custody, visitation and pay child support.
The answer depends on the details which haven't been included here.This is a complicated situation and you haven't explained whether the mother is incarcerated. If so the father may have to provide a safe temporary home for the child while he files a petition for an emergency temporary custody order until the full hearing can be scheduled. If the father is available, in the child's life and has not been deemed an unfit parent then he can petition for a modification of the custody order and request permanent custody.If anyone wants to object they can express their objections to the court and file their own petition for guardianship. The court will hear testimony and review evidence and render a decision. If no one comes forward the child will likely be placed in foster care.
No. As parents you already have custody but a judge can not give you a guarantee that no matter what will you keep that. The best of the child comes first and if you for some reason is found unfit down the road the child would need a new guardian. If you are divorced and granted custody that court order is valid unless the other parent (or the state) get custody for whatever reason (if both parents become unfit etc). And custody lasts until the child is 18. You can not get a guarantee from the judge that you as a parent will have custody until the child is 18. There are 2 parents and according to the law both are allowed to seek custody of their child.
No she can't. If her ex is a good man and a good father when he has visitation rights then she has no right to tear the child away from him. He can fight it in a court of law. Before one acts out of haste they should consider the child and what their feelings are. They may not understand the total issue, but they do know who their mother and father are and that's all they need to know. The two of you should put the child first and each other second.These are only reasons why the father should no longer have further contact with his child:Sexual abuseNot turning up when he is suppose to take the child or visit the child leaving the child feeling alone and depressedThe father hangs around with a bad gang or bad friendsIf the father does drugs and can't be clean enough when he comes to visit his child.If the father is an alcoholic and can't come to visit the child when soberI agree with the above but want to add that if you for some reason do not want your child then you should not have sole custody. Just because you do not want her does not mean you should be so ignorantly spiteful and selfish as to keep her from the father - give her to the father then you won't have the issue of having her anymore. You should not punish or blame the child for any issues you have with the father - that has nothing to do with her. You don't deserve to have a child with attitude such as this.
This depends if any custody orders exist.
That depends on prevailing law in the state where he lives, but generally, charges are not a conviction and will have no bearing on custody, unless of course, the child was found to be living in a meth house or there are other emergency reasons why a child may be reassigned on a temporary basis. Otherwise, charges are not convictions and may have no bearing up and until that time a conviction comes down. Then custody may be modified based on the same.
For the child, no; for themselves, yes.You should consider that if the child is not living with you you must provide that information on the application or renewal. You can be prosecuted for falsifying the information you provide. You can only get food stamps for a child in your legal custody if you can say the child lives with you.Also, if custody was removed from the parents by a court, and granted to you, and you allow that child to live back with the parents, you may be held liable for any harm that comes to the child because of your failure to take your legal responsibilities seriously. In my state, grandparents with guardianship allowed their daughter to take back custody of her toddler after the child was removed by the state because of child abuse. The child was subsequently fatally injured by its father and the grandparents are also being prosecuted. You should notify the court that your "guardianship" should be terminated.
Her parents can usually take the child in or grandparents. Child Welfare is usually not far away and has the right to decide what is a fitting home for the child. If the mother's parents or grandparents are not fit to raise the child then the child could become a ward of the courts, but, if the father of the child comes forward and can prove he has the finances to raise that child in a good environment (even his parents helping out or grandparents) then he could raise this child. When the young woman gets out of the Juvenile facility she will have rights to see her child, but it is up to the courts to decide if she is a fit parent. If not, then the father can have sole custody. Marcy
No. The child is a unique mix of both of its parents.
If he is not the father of the child, he has no rights to sign over.
In terms of timeline, obviously, his father comes first however in terms of priorities it will largely depend on what they require but I'd usually put my spouse and child before my parents
No, it requires a minimum of 51% of the days.
Yes. His immigration status bear no significance when it comes to parental rights.
A father with the blood type can be b negative can have a child even a son that is A positive. The blood of a child comes from one or the other parent. If the mother is A positive the child can be as well.
It depends on what the parent did. If the parent abused the child during the punishment, then yes, they can be arrested.
No, the fathers rights comes first as a custodial parent.