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No. Although we often hear stories about that happening, and some married couples separate without court involvement, married parents have equal parental rights. One has no legalright to take the children away from their other parent. That would require a court order.
The parent that left with the children would need to file a petition in court for divorce, if that is desired, or sole custody. The court will decide where the children should be and issue a temporary custody order until the court can evaluate the situation, hear testimony, review evidence and render a final decision regarding custody, visitation and child support.
The abandoned parent should consult with an attorney or a legal advocate at the family court.
What else can I help you with?
Does a spouse have a legal right to half of the other spouse?
Yes. in the state I live in.
Do the decedent's parents have a right to take over their sons burial instead of his children?
No. The spouse and children have the primary right. The grandparents may step in if there is no spouse and the children are minors.
In TN If a will leaves property to adult children can they kick surviving spouse out if it is there primary home?
You cannot disinherit your spouse in Tennessee. The surviving spouse has the legal right to claim a share of the estate. You should consult with an attorney who can review your situation and determine what your options are.
Does a spouse have a legal right to half of the other spouse's paycheck during marriage or separation?
Yes. I live in a right to work state.
Who has the right to a mans possessions after he is dead?
spouse or beneficiary or children
Who has the legal right to remains?
Texas has a statute providing for the naming of an agent to control disposition of remains. If a person did not sign such a document during lifetime, the right goes to a list of people, beginning with the surviving spouse. If none or the surviving spouse cannot serve, then adult children. It goes on from there.
Can the spouse claim inheritence off me?
Your wife has the right to a share in your estate under most, if not all, state laws in the United States. Under those laws, even if you make a will and leave your estate to other beneficiaries your surviving spouse has the legal right to claim at least a third of your estate in most jurisdictions.
How do you sign for your spouse on a mortgage?
Your spouse must execute a power of attorney that grants you the right to sign legal documents on their behalf. You need to consult with an attorney.
If a child's father remarries after the mother dies and the new spouse is executrix of the father's will does the child have a legal right to obtain a copy of the will?
Only if the father has passed away. As a possible beneficiary, the children are entitled to see the will, but until then there is no legal requirement for anyone to provide a copy.
Can your kids sell your house if your spouse dies and half is willed to them?
It depends on the laws of the state where the property is located and the specific details of the will. Typically, if the spouse leaves their share of the house to the children, they would have a legal right to sell their portion, but they might need approval or cooperation from the surviving spouse or executor of the estate to complete the sale. It's advisable to consult with a real estate attorney to understand the options and legal requirements in this situation.
What are the legal rights of a man in legal separation in Philippines?
The man should consult with an attorney who specializes in marriage law who can review the details and explain the options. Rights depend on the details and whether there is a determination of who is the offending spouse. There is no divorce in the Philippines. Generally, a decree of separation gives the right to live separately, extinguishes the conjugal partnership, awards custody of the minor children to the unoffending spouse, awards child support and disqualifies the offending spouse from inheriting from the estate of the other spouse.
If a will was written prior to marriage what rights does a surviving spouse have?
In most US states, a surviving spouse can elect against the decedent spouse's will, meaning that the suriving spouse has the right to receive a specified portion of the decedent spouse's estate. That portion may depend on how long they've been married and whether the decedent spouse has any children, inter alia.
