The first thing you need is hard proof that your child would be in danger when he is left with his father, witnesses, police reports of past incodents, you can even ask for supervised visitations, so your child will never be alone with the father. Good luck! I have temp custody of my cousin who is 10 months old I have had her in my home for 7 months now both parents are in jail, I want full custody of her due to the fact the child is at high risk, with violence and neglect in the home, both grandparents are drug users, and been in trouble with the law. they do not help finicially take care of her nor do they see her but every 3 months are so 1 visit. I know longer know what to do? can you help?
She needs to review the court order that established the visitations. The order should state the legal custody arrangement along with the visitation schedule. For example it could state, "The mother shall have sole legal custody and the father shall have the right to visitations with the child every other weekend and alternating holidays."
If this is court ordered.
Generally, no. You haven't mentioned whether the parents are married or who has legal custody. Generally, one parent cannot remove the child from the other parent without a court order. If the parents are unmarried and there has been no custody order established then the mother has legal custody. Generally, if the parents are unmarried 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 establish his paternity by signing the birth certificate at the time of birth (waiving DNA testing rights) which must be done with mother's consent. If he doesn't sign the birth certificate then he must seek another way to establish his paternity and that is done through a DNA test. A paternity test can be arranged through the court. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.
Perhaps if the parents are unmarried and the father has not established his paternity legally. In other cases, depending on the details, a parent cannot prevent the other parent from seeing the children without a court order to that effect. The answer can depend other factors such as who has custody, if the parents are married, divorced or never married, if there is an outstanding visitation order, if the parties are under the jurisdiction of a court, etc.
In Wisconsin, the legal custody of a child born to an unmarried couple is officially with the mother. However, it is possible to arrange a second-parent adoption so that both parents are legal guardians of the child.
Yes, if that parent has sole legal custody of the child.Yes, if the parents are unmarried and the other parent (father) hasn't established his paternity legally.Yes, if that parent has sole legal custody of the child.Yes, if the parents are unmarried and the other parent (father) hasn't established his paternity legally.Yes, if that parent has sole legal custody of the child.Yes, if the parents are unmarried and the other parent (father) hasn't established his paternity legally.Yes, if that parent has sole legal custody of the child.Yes, if the parents are unmarried and the other parent (father) hasn't established his paternity legally.
It is assumed that the parents are unmarried and it is doubtful that neither parent has custody. In most jurisdictions in the United States an unmarried mother has legal custody of her child. Generally, the father must establish his paternity in family court and once established he can request custody and a visitation schedule. The court will also issue a child support order. The court will not terminate the mother's custody unless it deems her to be an unfit parent. Once paternity has been established neither parent can remove the child from the state without the consent of the other parent and the court. You should consult with an attorney who specializes in custody issues in your area who can review your situation and explain your rights and options under the law.
Does she not have custody and seeks to gain it? Or does she want to ensure ongoing custody of a child in her care? Generally speaking, a birth mother has the better chance of achieving or retaining custody than the father, but various factors will be taken into consideration if the courts are involved. Also under consideration will be the suitability of either parent to have or obtain custody. Ultimately the courts should consider the welfare and comfort of the child, and so should the parents.
File an injunction ordering the child be returned. But, be prepared for a false allegation, which is common in these cases.
Unless you have sole custody and the other parent has no visitation rights, you need their consent and court approval. If you move without court approval you will be in contempt of the court order regarding visitation.Unless you have sole custody and the other parent has no visitation rights, you need their consent and court approval. If you move without court approval you will be in contempt of the court order regarding visitation.Unless you have sole custody and the other parent has no visitation rights, you need their consent and court approval. If you move without court approval you will be in contempt of the court order regarding visitation.Unless you have sole custody and the other parent has no visitation rights, you need their consent and court approval. If you move without court approval you will be in contempt of the court order regarding visitation.
Yes. Its the same as not showing up for other court dates.
If the mother has legal custody but leaves the state and doesn't have physical custody of your child then that must mean the child is with someone who doesn't have custody. I assume you are not married. In that case, you must establish your paternity in court and request legal and physical custody. If the mother has left the state without taking her child with her the court will certainly want to know who the child is with and will certainly consider awarding legal custody to the other biological parent, you.Perhaps you can convince the mother to consent to your getting legal and physical custody. If not sole custody, then joint legal and physical custody.You should consult with an attorneywho specializes in custody issues. The attorney can review your situation and explain your rights and options.
As always with custody you have to go to court if you and the other parent can not agree.
Then the custodial parent can be charged with kidnapping and she/he can lose custody. You should notify the court immediately and request an injunction if you think the custodial parent is planning to defy the court order. The court will advise you of any further action you need to take. You should also be advised that there is a Uniform Child Custody Act in the United States. Every state recognizes, and will enforce, custody orders from other states.
No. You need to establish custody legally through the family court system. There is no such thing as a verbal custody order. You may have a verbal agreement with the other parent but it must be formalized by a court order for you to have any legal rights.No. You need to establish custody legally through the family court system. There is no such thing as a verbal custody order. You may have a verbal agreement with the other parent but it must be formalized by a court order for you to have any legal rights.No. You need to establish custody legally through the family court system. There is no such thing as a verbal custody order. You may have a verbal agreement with the other parent but it must be formalized by a court order for you to have any legal rights.No. You need to establish custody legally through the family court system. There is no such thing as a verbal custody order. You may have a verbal agreement with the other parent but it must be formalized by a court order for you to have any legal rights.
The court will address visitation and child support when it considers the petition for custody. If there are no orders in place and the parents are married they both have parental rights including a right of visitation. If unmarried, the "other parent" need to have parental rights established which they will be during the aforementioned proceeding. Visitations should be allowed prior to the proceeding unless there is an issue of child endangerment that will be reviewed by the court. The court will not look favorably upon a parent who simply refuses to allow the other parent visitations with the child.