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Who has child custody in divorce when their is no custody set?
The parents have assumed joint custody.
What if one parent has sole custody and restraining orders for both parent and child against other parent for abuse and drugs then the other parent applies 4 sole custody after child taken by mcf?
With the above set of circumstances - you will be given the opportunity to plead your case for custody before a judge.
If child support hearing is set and mother has left the child with the grandmother can the father file for full custody?
Yes; he can.
Why aren't there special requirements set up in the law to protect special needs children in a custody case?
There may not be specific legal requirements because custody decisions are typically made based on the best interests of the child, which includes considering any special needs or accommodations they require. Courts have the discretion to take into account a child's special needs during custody proceedings and can make necessary adjustments to ensure the child's well-being. Additionally, each case is unique, and judges can consider the individual needs of special needs children when determining custody arrangements.
Served with child custody papers set date notice of continuance new date what does this mean?
A lot of Court terms can easily be googled. In plain language you have a custody case and either the date changed or its just a notice of hearing. Read the entire document for more details. Thank You.
What are the father's rights if he pays child support and has joint legal custody?
The mother has primary residential custody. However, the father has visitation rights which are likely set forth in a visitation schedule and he has the right to be included in any important decisions that affect the child. The father should review any documents related to his case including a separation agreement, visitation schedule, child support order and custody order.
If you have sole physical custody of your son and you have joint legal custody with no visitation set do you have to let the father see your son?
You can have one or the other, but not both. As for punishing the child by denying access to the child, that's up to you. see link
When there is no custody set up in the courts can one parent tell the other parent that they can no longer see the child until visitation is set up?
If married? No.
How does temporary custody get set up during a divorce in Michigan?
Ordinarily, a trial court will enter "temporary orders" for custody, visitation, and child support, while the divorce is pending.
What if one set of grandparents trick the parents into signing over primary custody of their child without letting the other grandparents know?
That's a matter for the courts to revoke the custody agreement.
What rights does a father paying child support have if the mother won't let him see his child?
You need to talk to a lawyer to hammer this out. Theoretically you can be required to pay child support but also not have visitation rights; it depends on the custody arrangement you have with the child's mother. If you don't have a custody arrangement, then the lawyer can help you set one up.
What if I don't want custody of my child post-divorce?
States set most child custody laws, but generally, parents can make custody arrangements that are appropriate for their living situations. If you don’t want custody of your child after your divorce, discuss this with your attorney, then with the other parent via mediation. You can probably set up an arrangement fairly easily.Be prepared to answer some difficult questions when discussing your case with your attorney. Most lawyers will ask you whether you’re confident in your decision, and you may be advised to seek therapy. This isn’t because your attorney thinks you’re making the wrong decision—once you give up custody of your child, regaining custody would be extremely difficult, so you should make sure that you’re prepared to give up your parental rights permanently. The good news is that most child custody cases are resolved by parents and their attorneys without court proceedings.Remember, giving up custody of your child will not remove your obligations to care for that child. You may need to pay child support, which is determined by your income, your child’s needs, and other factors.There are many valid reasons to refuse custody. Don’t worry about being judged by your attorney or the other parent. As long as you’re acting in the child’s best interests, you’re ultimately doing the right thing.So, what if you want to retain visitation rights but give up your rights as a primary guardian, and your ex-partner’s opposed to that arrangement?If there’s a dispute regarding custody, the parents might end up in court. Attorneys will do everything possible to prevent this, as it usually doesn’t work out well for any of the involved parties. Child custody proceedings take time, money, and patience, and divorcing spouses usually have limited supplies of all three of those things. If you want limited custody of your child, and your spouse doesn’t want you to have any custody at all, you may end up in court.If the case gets to this point, the court will evaluate the situation and create an arrangement in the best interest of the child. If a parent refuses to obey the court's visitation or custody decree, the parent may be in indirect contempt of court, which can mean fines or jail time for the offender. However, the parents charged with these violations are often trying to spend more than their allotted time with their child—not the other way around.Note that this answer isn’t intended as legal advice. Talk to an attorney before taking any action, particularly if you’re involved in a divorce or a child custody case.
