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Canada
You just file for custody at the courthouse and then go to court. You have to serve the other parent with papers, but that's about it. If there's a reason you can't have custody, or it's been taken away, you need to prove that you've made an effort to change. (Parenting courses etc.) Otherwise, they decide based on what's in the child's best interests. Generally, the first court appearance is brief, they'll assign a court trial date, which you have to go to at another time. Get a lawyer if you can.
United States
If the mother has custody already he must prove to the court that she is unfit.
The factors used to determine that a parent is unfit are generally governed by state laws with child endangerment being the determining factor. The following include some of the reasons a parent may be declared unfit:
- physical, emotional and sexual abuse
- excessive discipline
- failure to protect the child from abuse by others
- failure to report abuse of the child
- neglect- failure to provide food, clothing, proper hygiene, necessary medical treatment, schooling
- failure to provide proper medical care
- failure to provide day to day parental care
- serious illness or disability
- mental illness
- substance abuse or addiction
- Alcoholism
- criminal activity and/or associations
- incarceration
- conduct or conditions that are seriously detrimental to the child
- abandonment
- child endangerment
- leaving the child unattended or in the care and supervision of a child
- a failure to provide adequate supervision
- unsafe living conditions
- a medical condition that makes it impossible for the parent to adequately care for the child
What else can I help you with?
How can you get custody of your children if the mother dies?
Can i get custody of two children i have cared for since their mother 1 yr ago children are not related to me
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.
If a mother has custody of the children but does not live with them what can a non custodial parent who wants the children do?
The non-custodial parent can go to court and request custody of the children. A judge will decide which parent should be awarded custody of the children. The circumstances under which the children are currently living, combined with the reason(s) they are not living with you will be a big factor in whether or not you get to keep custody of the children.
Does Angelina Jolie want custody of kids?
She already has custody of her children.
Can you give a sentence with the word custody?
The father was awarded custody of his children.
If parents get imprisoned without arranging custody for their children who gains custody in this case?
It depends on the state, usually the state takes the children into custody, or the closest family relative.
How can you get sole custody of your 3 children from a previous relationship?
You can get sole custody of your children from a previous relationship by by filing custody paperwork through the courts. A judge will then review the case and determine which parent should receive custody.
Does Nikki sixx have custody of his children?
Joint custody with both ex-wives.
Can a mother have a letter notarized giving custody of her children to the father?
Guardianship, not custody
Custody used in a sentence?
The word "custody" is usually used in relation to safekeeping or responsibility over someone. An example of a sentence using the word "custody" is "In a surprising decision, the judge granted custody of the children to their father. "
If a father gave full custody of the children to the mother on their divorce papers what right does the father still have to see his children or share custody?
You have the visitation rights that were established in the divorce, and you have no custody rights.
How can someone change my children last name without my permission?
If they do not have custody of the children, they cannot. If they have custody, they can apply to a court for a name change.
