When a child is born and the father is not there or never comes around does that mean you have full custody?
That does not mean you have full custody. Even though the father is not around you should still go for full custody. Theres always that chance the father could back around and that child is not with you he has just as much right to that child as you do.
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… Read More
If the father is in jail for domestic violence at the time of a custody case does the judge usually give the mother sole custody?
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… Read More
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.
When a child is incarcerated does the maternal grandmother have more rights to the children than the paternal grandfather if the father is not on the birth certificate?
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… Read More
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… Read More
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
What if child custody agreement states that noncustodial parent pays half of the medical expenses and transportation and father refuses what recourse does custodial parent have to obtain the money?
That comes under child support enforcement, they will file a motion to enforce.
Do fathers have rights when it comes to their child in the state of Florida if they are not married to the mother of their child?
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… Read More
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… Read More
What custodial rights does an illegal immigrant mother have to a child out of wedlock with a US Citizen?
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.
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… Read More
What happens to the child of a 16-year-old pregnant girl while she is in state custody at a juvenile facility in Tennessee?
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… Read More
Can someone who has legal custody of a child receive food stamps if the child has not lived with them for a year?
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… Read More
Can parents be granted on order through the courts to keep their child in their custody until the child turns 18?
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… Read More
If child is residing with one parent and the other parent comes to an appointment and attempts to take the child what should you do?
This depends if any custody orders exist.
If a father is seeking joint custody and the mother has been served court papers what rights does the father have until the case goes to court?
* It depends if you've made an effort to support your child. If you ran away from your responsibilities and didn't pay that child support then those are marks against you in the court system. If the mother refused to take any money or refused to see you the courts will take this into consideration. At the present time you have no custody at all, and unfortunately, you have no rights until this case comes… Read More
What if the father finds out he is mnot the father after the child turns 5 can he still contuie to be the father of this child?
Was the child born during marriage? Is your name on the birth certificate? If either are true, you are assumed to be the parent unless proved otherwise (the biological father comes forth with a legal paternity test and custody/visitation order based on the same). While, depending on state law where you live, you may no longer have the rights and responsibilities of a legal parent, if you have been in the child's life for 5… Read More
No. The child is a unique mix of both of its parents.
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
The purpose behind child support is to provide funds to the primary parent to help with school, clothing, food, shelter, and other necessities for a child. The fact that your child is out of the country for more than 6 months really does not matter when it comes to child support. ANSWER But, he should take steps to get custody because of the move and to retain jurisdiction in the country of birth. see link
If a father takes a paternity test and it comes back he's not the father can he sign over his rights?
If he is not the father of the child, he has no rights to sign over.
Yes. His immigration status bear no significance when it comes to parental rights.
Can a father claim child on taxes if he has the child less than 40 days out of the year the father just has visitation but never comes when he is suppose to?
No, it requires a minimum of 51% of the days.
Can incarcerated mom give temporary guardianship to a family member if she has joint custody of child?
No, the fathers rights comes first as a custodial parent.
It is possible and has happened. But what it comes down to is what does the judge say? If the father doesn't consent you would need to bring a court action to terminate his parental rights. There must be compelling evidence to convince the court that he has abandoned the child or that he is an unfit parent. You need to convince the court that it would be in the best interest of the child… Read More
Interpretive. If he had custody, you would get the child until the mother received a modification order on custody. This should also be applicable to his access rights, but you need to run it pass a family law attorney and a grandparent rights group. see link below
It depends on what you want to do. If you don't mind about the father rarely visiting, then there are no steps to be taken. It really is a matter on what you want to do about the father rarely visiting his child.
What rights does a father have if the mother of his unborn child leaves the state and denies him the right to care for his child and then comes back 6 years later suing for child support?
He has to prove paternity in court to get his parental rights. He can then petition for custody, visitation and pay child support and also petition to sign the birth certificate. He could have done this 6 years ago when the child was born. The mother cannot deny him his parental rights. Now he will have to pay child support and he can even owe for 6 years back.
If noncustodial father has a second child and never remarries can he have his child support order reduce in pa?
If the father of your child has another child by someone will the courts or child support enforcement reduce my support of my child. ? Are there any special circumstances if the father of my child never married me or this other person.? Can I still persue increases of child support even though the man has another child? Sincerely. Which child comes first in Chicago ILLinois
In the state of VA if a father has primary physical custody of his child since she was 4 months old can the mother come in and take the primary physical custody away from him?
Not if you have it by court order, but this is a major failing in fathers when the mother runs off. They don't get a custody or child support order. They fully expect mom to come back, than even when they do move on, they still don't get an order. This is particularly bad for single fathers, because without a court order, they legally have no assume rights to the children (see link). For marred… Read More
What can I do my daughters mother took her to Mexico and told me she would be back this month she hasn't came back yet or called i signed to were she could take her is the anything i can do?
Unfortunately, even those countries that are signers to the Hague Treaty on Child Custody, they do not honor it when it comes to father custody rights. This includes the US. Only Cuba honors the treaty equally, except they never signed it. You will need an attorney that specializes in international cases.
The sex of a child is determined by the sex chromosome of the sperm cell (which comes from the father). If it is a Y, the child will be a boy, if it is an X, the child will be a girl.
If you have primary physical custody and joint legal custody do you have move rights then the parent that does not have physical custody when it comes to the best interest of the child?
yes and no. joint legal basically means the other parent can get any and all legal info on the child such as medical records, school records and of course anything legal or court related if the child gets in trouble and in some cases the other parent is invloved in major decision making like life support etc.
In Islam, the child follow the father's footsteps when it comes to religion.
You are a father requesting a peternity test from the courts but your name is not on the birth certificate what should you do?
File a motion to challenge custody, but if you have contact with the child, you can do it with a simple test bought at a pharmacy. It will not be admissible as evidence, but if it comes back negative, you will not need to go to the extra expense. Only two samples are required. see links below
I would say it all comes down to opinion. I think legally they are because they are taking care of the child and are also married to the child's mother/father. The child may not like them and decide they are not their parent.
Can a parent take their child to a doctor to get diagnosed with ADD without the other parents consent when they have joint custody?
It is a parents responsibility to take his / her child to the Doctor if there is a problem. it is however not up to the parent to give the diagnosis, that comes fro the doctor.
That is irrelevant when it comes to child support. And why would he not look like his mom, grandpa or aunt? DNA is what counts, not looks.
16 year olds do not really have many rights when it comes to custody, they can give their opinion of who they want to live with, but it doesn't end with them. The person who gets the final say of a custody agreement is the judge. If the child does not like the order, the child could possibly file for emancipation, in which he can then live where ever he wants, with whomever he wants.
Can a mother who is having an affair lose custody of her children if she gives them benadryl to knock them out when her lover comes over?
Using a drug on a child for any reason, in order for the child not to be a hindrance, even if the reason was to get housework done, would be grounds for consideration of a change of custody. A detailed record of evidence will need to be maintained before preceding. see links below
Joint custody means shared custody. In cases of joint custody in which the two parents do not live in the same location, the usual procedure is that the child will be shared by periodically moving him or her from one address to the other, at something like 6 month intervals. One parent could have the child from January to June, so the other gets the child from July to December. However, the two parents can… Read More
Question concerns a married couple the mother being a Native American the father not being Native American.Can the Mother give her tribe custody of the child without any regard to the father?
Well, not being an expert in either custody or Native American customs, I find it extremely difficult to imagion that anyone could give custody of their child to someone else without the concent of the other concerned parent. Even in adoption cases of unmarried indiviuals, the father still has rights. What would be different in this case? B/C the mother comes from a different culture? Well, in this melting pot called America, we all come… Read More
In North Carolina what does a mother do to obtain full custody of a child who is left mostly in the care of the father's live in companion?
A parent can file suit for sole custody of a minor child at any time. However, the criteria is the quality of the care the child is receiving, not who is giving it. The court no longer discriminates against non married couples when it comes to the caring of children. The main concern is the child, if the child is not being neglected, abused, endangered, etc. the mere fact that he or she is being… Read More
I'm not a man, but no one knows they are going to be a good father. They may have a slight idea. They may think so. I'm only 20 and I wonder whether or not I'm going to be a good mother. I don't think anyone is truly a good mother or father until they experience. With experience comes skill and knowledge. That's how I feel about it. You will have love for that child… Read More
first comes the mather(Matha or Mata) who gives birth to the child, thereby bringing us as a child into this world. Next comes the father (Pitha or Pita), because it is the mother who knows the truth about the father and she points us to the father. The mother and father then takes us to the teacher (Guru), and it is the guru, through his or her teachings, points us to God (Deivam or Devam)… Read More
* While cheating is hurtful if the wife has not cheated before then it's possible to forgive. If the father of her other child is not supporting that child or taking any responsibility then the husband has two choice ... #1 separate or divorce his wife with joint custody regarding the children or, #2 love her enough and perhaps learn to trust her if she has not cheated before and adopt the second child. When… Read More
Every state is different when it comes to these situations. However, before worrying about the hassle of the court and child custody, try making an arranged plan of who gets the children and when.
Just because a father signs over his rights, does not mean he won't be obligated to pay child support. This will depend on what kind of agreement everyone comes to in regards to your case in California.
yes,if he has had little or no contact with the said child/dren,also you can call it abondement no intrest in the child. with the child/dren with you ,you have primary custody as of right now. but, if it comes to court bring evidence such as utility bills that have a change of date on them that was switched to your name after he left, or if you rent ,a letter from your landlord the date… Read More