Generally, if the parents are unmarried, the mother has sole custody until the father establishes his paternity legally. Until then she can refuse visitation. However, when the father's paternity has been established he can request custody and/or a visitation schedule. He will also need to pay child support if the mother retains physical custody.
A married mother cannot keep the child from the father without a court order to that effect.
As long as the parents are in agreement. And they cannot violate a court order.
How do I sign over my parental rights without going to court?
If the minor has the permission of the custodial parent she can. However, if there is a child support order in place, it will become a matter of the court regardless.
If the kids live with the father then he can... but if the kid live with the mother then he has to notify her first.
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.
Asbsolutely ! It depends on the circumstances of the parents. The court will decide which parent is in the best position to provide on-going care for a child. They will, however, usually order 'visitation rights' to the parent not granted custody. The custodial parent has no right to defy the court order without authority from the judge. So, for example, say the father was awarded custody, and the court ordered that the child is stay with the mother every second weekend... The father couldn't refuse the child staying wiht the mother for the time granted without going back to court.
If the court decree says that her father has custody, then no she may not. Legally. Now, as a practical matter... it's going to be pretty hard to convince a court to actually do something about it unless the mother is addicted to crack or something (and even then, it's probably going to be a hassle).
The court would have to award you custody.
There is no law that stops the mother from going away with another man and leaving the children with the father. However, these circumstances would make it difficult for the mother to win custody of the children in court.
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if its taken to court and the mother has a clean record she will most likely get custody of the child and if the father does not pay child support he has no rights at all..(im going though this same thing in court) about the only way he can is if he proves that the mother is unfit
To my knowledge visitation rights are only ever revoked by a court after going through legal proceedings , so in theory if he does not see the child and the mother moves to court it is possible.