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There are many cases where a person’s custodial rights over a child are disputed. Divorce of two parents, the decease of a legal guardian, or inadequate parenting abilities all can place the decision of the custody of a child into the hands of a court. Unfortunately, custodial issues can prove to be very upsetting for the child in question, and because of this, all custodial rights disputes should be settled with as much speed as possible. Having a thorough knowledge of commonly accepted custodial rights is beneficial in expediting the legal process.

Several factors are included in determining a parent’s child custody rights. In the case of a divorce, the court must determine whether or not each parent is eligible for physical custody. Physical custody is defined as the right of a parent to house the child in question at his or her abode. In joint physical custody, the child lives alternately at the separate homes of both of his or her parents. Depending on the court’s determination, the child might live primarily with one parent and only stay at the other parent’s house occasionally, or the child might spend equal time with both parties. A parent can also gain sole physical custody in which the other parent is only granted visitation rights or is completely barred from the child’s presence. Sole physical custody is oftentimes granted to a parent when the other parent has been determined to be dangerous or detrimental to the child’s welfare. In order for a parent to regain some physical custody, the parent must prove to the court that he or she has permanently changed his or her ways and that the child would be completely safe under the parent’s care.

Custodial rights are approached in a very different way when dealing with the adoption of a child. After the decease of a child’s parents, the court must decide which of the child’s relatives is most eligible to assume the child’s care. The court undergoes extensive legal procedures and investigations to determine whether or not a prospective guardian would be suitable to look after the child.

Finally, custodial rights might be disputed if a parent has displayed inadequate parenting skills. A court can mandate that the parent lose his or her custody rights if it appears that the child’s welfare is endangered under the parent’s care. In order to keep custody of his or her child, the parent must prove that he or she is a responsible guardian of the child.

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14y ago

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Related Questions

Custodial parent denies Noncustodial parent visitation rights in Mississippi?

Unless visitation rights for the non-custodial parent were allowed in the divorce paperwork, the custodial parent is completely within their rights to deny the non-custodial parent visitation....however, the non-custodial parent may sue for visitation rights.


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If the court has awarded you visitation rights, then you have those rights legally and they cannot be denied by the custodial parent.


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Parental rights are paramount to "grandparents rights". In most jurisdictions there are no such rights.


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no, that's custodial interference


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What rights do you want?


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With time and preparation. see links below


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No. The non-custodial parent needs to have the visitation rights enforced by the court if necessary.


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If the non-custodial parents has visitation rights you need court approval. It will all go more smoothly if the non-custodial parent consents to the move.If the non-custodial parents has visitation rights you need court approval. It will all go more smoothly if the non-custodial parent consents to the move.If the non-custodial parents has visitation rights you need court approval. It will all go more smoothly if the non-custodial parent consents to the move.If the non-custodial parents has visitation rights you need court approval. It will all go more smoothly if the non-custodial parent consents to the move.


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As he is a non custodial father he has no need to give up his rights at all. see relate question below