0
It depends on the state the father lives in, the custody laws of that state would determine if he had a real, legal reason for taking the children for her. Another condition would be WHY she was incarcerated. He would need to see a family lawyer who practices family law in his state.
What else can I help you with?
When would one parent get sole custody of children?
If you are a father. You must prove the mother unfit, drugs, abuse, prison record, etc... IF you are a mother, depending on the state you live in they would allow soul custody because you are the mother. If the father is unfit and you live in Utah and/or California where they are for the father as well and want to do joint custody in most of those two states, the father must pretty much be unfit such as abuse, drugs and/or prison record for the mother to get full custody. That is pretty much when the only time I have known any parent to get full custody of their children.
Your 15 year old daughters father has sole custody of her at this time he is in prison what are your rights as her mother?
If he is is currently in prison, then OBVIOUSLY he does not have custody of her. Notify the court immediately, and file an Emergency Motion For Modification of Child Custody, so that her custody can lawfully changed to you, or another adult of the court's choosing, who CAN assume full-time responsibility for her.
The Child's mother dies grandma want custody of the child over the father who was married to the mother at the time of death but DNA says the father is not the biologicial father?
He can still gain custody as the presumptive father.
If the mother and father aren't together and the father has been there for a short time can the mother still get full custody?
Yes, this is possible.
What is the time frame for child abandonment so father can gain full custody?
A child does not need to be abandoned by their mother for a father to be awarded full custody. If the father can demonstrate before a judge that the mother is unfit to parent, the judge can award him full custody of the child.
If Mother filed for custody and father took child from babysitter?
Filed is not custody, and if she didn't have possession at the time, she cannot get temporary custody. He moved faster.
Can the father legally get child with custody agreement after not seeing child for 5 months?
The father can petition the court for a visitation schedule and he can also ask for joint custody. At the same time the mother can request a child support order. The court will review the situation and issue the appropriate orders. If the mother has complaints about the father, wants to object to visitations and custody or think she has proof he is unfit she should consult with an attorney who specializes in custody issues.See related question link.The father can petition the court for a visitation schedule and he can also ask for joint custody. At the same time the mother can request a child support order. The court will review the situation and issue the appropriate orders. If the mother has complaints about the father, wants to object to visitations and custody or think she has proof he is unfit she should consult with an attorney who specializes in custody issues.See related question link.The father can petition the court for a visitation schedule and he can also ask for joint custody. At the same time the mother can request a child support order. The court will review the situation and issue the appropriate orders. If the mother has complaints about the father, wants to object to visitations and custody or think she has proof he is unfit she should consult with an attorney who specializes in custody issues.See related question link.The father can petition the court for a visitation schedule and he can also ask for joint custody. At the same time the mother can request a child support order. The court will review the situation and issue the appropriate orders. If the mother has complaints about the father, wants to object to visitations and custody or think she has proof he is unfit she should consult with an attorney who specializes in custody issues.See related question link.
When the court orders DNA from the presumed Father does the minor child get returned to the mother during this process?
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 can establish his paternity 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.Generally, A "presumed father" has no legal custody unless he is married to the mother at the time of the child's birth. If the parent's are both married to each other they each have 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 can establish his paternity 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.Generally, A "presumed father" has no legal custody unless he is married to the mother at the time of the child's birth. If the parent's are both married to each other they each have 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 can establish his paternity 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.Generally, A "presumed father" has no legal custody unless he is married to the mother at the time of the child's birth. If the parent's are both married to each other they each have 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 can establish his paternity 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.Generally, A "presumed father" has no legal custody unless he is married to the mother at the time of the child's birth. If the parent's are both married to each other they each have custody.
Who gets custody of a minor child in Louisiana if the parents never marry?
The mother automatically have custody from birth and the father can petition for custody, visitation and also pay child support after he has proved paternity in court by providing a DNA test. As long as the mother is fit he will get shared custody at the most.
If father has primary custody and goes to work out of state and step mother stays home with child can the mothers grandparents try to get custody for that time?
They have no court standing
If the father has court ordered custody can the mother fight for custody?
Yes, a mother can fight for custody. Unfortunately, the courts are going to tell you no, if you can't prove the change in custody is beneficial to the child's well being.There were reasons why the father was granted custody in the first place. Generally, there must be a change in circumstances in order to take the case back to court. If nothing has changed there is no reason for the court to spend time going over the same case again. Perhaps the mother can prove to the court that the factors leading the court to award custody to the father have been addressed. Perhaps the child is better off with the father. The mother needs to convince the court that a change in custody is in the best interest of the child and not the mother's interest.
Who has custody rights minor birth mom or legal adult birth father?
Single mother has sole control and custody, regardless of age, at the time of the birth. Father has a child support obligation, only.
