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Non-parent custody is granted only under certain circumstances and through specific procedures. The rules vary by state, generally you must follow specific court procedures and provide clear proof that harm will come to the child if the non-parent custody is not granted. It is best to consult an attorney.

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10y ago

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Do step parents have legal rights to their step kids if the biological parent is unfit to take care of the kids?

Yes and no. If the biological parent is proven unfit to care for they're children then the step parent has the right to APPLY for custody of his/her step children. Keep in mind that being married to the biological parent doesn't automatically make them the parent of the children nor does it make them they're legal guardian so there are no guarantees that the step parent will be given custody. If the children are happy with the step parent and no one in the biological parents family protest the application and the step parent is proven fit to care for the child(ren) then most usually the courts will award the step parent custody.


If the divorced parent who has full custody gives up all rights to child to the state may the other parent gain custody?

Yes, this could happen.


Can an out of state parent gain custody of children?

Yes, depending on the circumstances. Generally, the parent who has custody must be deemed unfit for the court to remove the children from their custody. You should seek advice from an attorney who specializes in custody issues in the jurisdiction where the children reside.


Can a non custodial parent gain custody if legal parent is in jail and child has no guardianship?

Yes unless they are found to be unfit.


Can a custodial parent in a joint legal custody arrangement gain primary physical custody of the child if the noncustodial parent violates visitation agreement by taking the child over several days?

No


How do you gain child custody if the person who has custody is a perfect parent in the court's opinion but is really a complete witch?

You have to prove your case and convince the court.


Can an unemployed parent be granted joint custody?

No. Losing your job is not in and of itself grounds for losing custody of your child. The parent who wants to gain custody would need to file a motion for custody and convince the court that the custodial parent is unfit and that it would be in the best interest of the child to award custody to the other parent.


Can a live in boyfriend gain custody of child?

Only if the court determines it would be in the best interests of the child to award such custody. The biological parents and/or an immediate relative of either would be considered before a person with no legal or biological ties to the child.


Can a non custodial parent get emergency custody from a custodial parent if the custodial parent is giving child adhd medication against physician orders?

The noncustodial parent would have to call the state's child abuse hotline and report this to them, and then await their instructions on how to gain custody of the child if they should be taken away from the parent.


What does it mean to gain emancipation from a parent?

It means the government grants a minor complete financial independence from their parents.


Is it legal to pay a parent to relinquish custody of a child in Texas?

No, because it is considered bribing, and even if you could, I doubt a parent would give up a child for money if they are suing or have custody in the first place. If you want said child, you can sue for custody of the child. If you cannot gain custody, then the next best thing to do is sue for visitation.It's not legal to pay a parent to relinquish custody of a child in any state! But if the parent in question has a child support award, he or she will be free of paying child support or being in any way responsible for the child from that day forward.


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.