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When is it considered kidnapping if there are no legal custodial rights?
Wiki User
∙ 14y ago
Police don't question mothers about custody when there's a claim the father kidnapped the child, but single fathers have absolutely no rights to the child until granted them. see link
Wiki User
∙ 14y ago
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Is the non custodial parent or grand parents legal if the custodial parent is not present?
Parental rights are paramount to "grandparents rights". In most jurisdictions there are no such rights.
Can a mother bring kidnapping charges to a father if there isn't a court order?
As a married mother, no. As a single mother, though he has no legal right to retain the children, the police and the courts are beginning to view this as a civil rights issue that your rights are no greater than his to the children. I know as we we have been bring civil rights actions against them.
If a grandmother takes care of her grandson since birth and the mother of the child takes him without consulting with the grandmother does the grandmother have legal rights to the child?
A child is not property and continued "possession" does not have meaning with regard to rights. Regardless of how long the grandmother has been taking care of the grandson, she has legal rights to the child only if the mother, or the courts, formally granted her custodial rights. If the grant of custodial rights was never made, then the grandmother has no legal right to interfere with the mother resuming custodial care of the child. (Presuming the mother has not lost custodial rights to some other person or institution.)
Can the non custodial parent sign for you to get married if you live with them in Tennessee?
That depends on whether the non custodial parent has any legal custodial rights and whether those rights are sole or joint. If the non-custodial has sole legal custody, probably. If not, then no, not for a minor child, not without the permission of the parent with sole or joint legal custody. There are different types of custody, physical and legal. Check your custody order before you proceed to get an answer, or contact an attorney.
Who is the custodial parent when custody is fifty percent for each parent?
If the parents share physical and legal custody equally then whoever the child is with at the time is the custodial parent. Both have equal parental/custodial rights.If the parents share physical and legal custody equally then whoever the child is with at the time is the custodial parent. Both have equal parental/custodial rights.If the parents share physical and legal custody equally then whoever the child is with at the time is the custodial parent. Both have equal parental/custodial rights.If the parents share physical and legal custody equally then whoever the child is with at the time is the custodial parent. Both have equal parental/custodial rights.
If you signed the birth certificate stating that you are the father do you have custodial rights to your child?
This is a legal question. In the United States there are 50 states plus other local administrative units. Each has its own rules concerning custodial rights.
Can you have parental rights removed if the mother is an illegal immigrant?
No, custodial rights to minor children are a civil matter and under the jurisdiction of the state of residence. Regardless of the legal status of the mother, she still has legal rights to her biological child unless a court rules otherwise. Likewise, an unmarried female, regardless of her legal status, is presumed by law to retain sole custodial rights to the child until the father establishes parentage and is awarded joint or full custody by the court or refused custodial rights.
Can you move your children out of state if you have residential custody?
There is physical (residential) custody and legal custody. If you share legal custody with the other parent of if they have visitation rights you cannot move the children without the non-custodial parent's consent and/or court approval.There is physical (residential) custody and legal custody. If you share legal custody with the other parent of if they have visitation rights you cannot move the children without the non-custodial parent's consent and/or court approval.There is physical (residential) custody and legal custody. If you share legal custody with the other parent of if they have visitation rights you cannot move the children without the non-custodial parent's consent and/or court approval.There is physical (residential) custody and legal custody. If you share legal custody with the other parent of if they have visitation rights you cannot move the children without the non-custodial parent's consent and/or court approval.
How do you get my child back from the father if he has no legal rights?
If you have custody and the father keeps the child with him without your permission you can call the police for kidnapping.
You are the parent of a sixteen yr old who lives with me with out outside support.you do not have legal guardion status what are your rights and abligations?
Unless there is a divorce decree or legal case which states specific rights for each parent, the non-custodial non-supporting parent has no legal rights or obligations.
What if the custodial parent hides the children from other parent?
If there is a legal order in place outlining custody and visitation rights for the non-custodial parent, the non-custodial parent may file an action against the custodial parent for contempt of court by failing to abide by that order. If the contempt continues, the judge may order a modification to custody giving it to the non-custodial parent, depending. If no legal order is in place, now would be a good time to file for one to protect the rights of everyone involved.
Our VA custody agreement says we share legal and physical custody and the children shall reside with the mother for school purposes. The father has weekly visitation. Who is the legal custodial parent?
Both of you are legal custodial parents. Neither parent has greater costodial rights that the other one.
