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When a parent with custody goes to jail, child custody arrangements can vary depending on the situation. The child may go to live with the other parent, a relative, a foster family, or be placed in the care of child protective services. The court will typically make a decision based on the best interests of the child.
What else can I help you with?
What does contempt of family court by adult offense mean?
A contempt of family court by an adult is an offense that goes against a court order such as child support or visitation of a child. When an adult is found in contempt of family court for child support they can be jailed, fined or both, and made to enter a work program. If the matter is a visitation matter, the parent denying visitation could potentially lose custody of the child.
If a 12-year-old goes to the other home without the consent of on of her parents when they have joint custody will that be classified as a runaway?
It depends on the specific custody agreement in place and the laws in the relevant jurisdiction. In some cases, leaving one parent's home without permission could be considered running away if it violates the custody agreement or court orders. It's best to consult with a legal professional for guidance in this situation.
How can parental rights be taken away?
Parental Rights can be taken away if DSS files a petition with the court for termination of parental rights or if one of the parents files against the other one who is seeking to have the other parent's rights terminated. Sometimes it is done involuntarily on the part of the parent being served and sometimes a parent may choose to agree to relinquish their rights but the parent wanting to give up their rights can't just go and file for it. As stated, the other parent or DSS has to be the one to file. Each state has different laws on the procedure and grounds to do so. The best thing to do would be to go to google and type in your state and grounds and procedures for termination of parental rights or go to your state's legislative website and search for the laws, such as the state General Assembly or whoever makes laws in your state. The laws may fall under, Juveniles, Child Welfare, Domestic, Family, Adoptions, etc... Sometimes an adoption must take place in order for the TPR, meaning someone must be willing to adopt the child. In some states, that's not the case, one can be done without it. Some states you have to go to court to do it, in some it's done in front of the Clerk of Court. Some grounds for a TPR include abandonment, no contact for a period of time, no child support for a period of time, failing to establish paternity, abuse, neglect and the list goes on. In some states it is more difficult to get a TPR than in others. Hope this helps.
Is a 17-year-old considered legally emancipated once she has a child?
No.Pregnancy or having a child does not confer automatic emancipation upon a minor.____________________________________________________________________Emancipation ends the parents' rights to control his or her minor child or to participate in any decision-making about the child. If a child is emancipated, the parents no longer have the right to determine where the child lives or goes to school, or how the child's money is spent. The parent also has no right to the minor's wages or earnings.The emancipated child's parents, in some situations, also would be relieved of certain responsibilities. For example, the parents would no longer be required to pay child support. The parents also would no longer remain responsible for harm that their minor child causes to other people or property. Because the parents no longer are responsible for damages the minor child causes, the minor could be sued personally and held responsible for damages s/he causes.While emancipation relieves both the parent and child from certain obligations, the minor must still follow the law. For instance, even if s/he is emancipated, the child still cannot drive until age 16, and must attend school through his or her 16th birthday. An emancipated minor still cannot vote until age 18, and cannot purchase or consume alcohol until age 21. Also, gaining emancipated status will not allow a minor to remove himself or herself from undesired services of the Department of Social Services.There is no formal procedure in Massachusetts for a child to become emancipated from his/her parents. Most judges will not grant a child emancipated status. However, a child may still file for emancipation in the Probate and Family Court of his or her county despite the lack of a formal procedure. In rare situations where a judge is convinced that emancipation is in the best interest of the minor and that the parents are not using it to get out of paying child support, the judge may grant emancipation.Even if the child cannot be emancipated, s/he still may have options to live elsewhere, and may have independent rights. Remember that a minor does not have to be emancipated in order to receive welfare from the state, to consent to certain medical procedures, or to obtain an abortion. http://www.clcm.org/minors_rights.htmIs a minor emancipated if he or she enlists in the military?In some states, enlisting in the military is enough to allow a minor to make many decisions on his or her own, as an emancipated minor wouldIs a minor emancipated if he or she gets married?In some states marriage is sufficient to allow a minor to make many decisions on his or her own, as an emancipated minor would some states you can get marrie at at 16 if you are a resident of that state it does not count if you live in a state where marrage at 18 and go to a state where you can marrie at 16 the marrage can be null invoidIs a minor emancipated if he or she has a child?In some states if you can finantually take care of your self (have a JOB) then yes, but if you cant then (No) If a minor has a child, he/she can consent to medical treatment for himself/herself and the child, but he or she is not otherwise considered emancipated. read up on your state laws - even if you can take care of your self finantually you may still have to go through legal aid or cps for help!___________________________________________________________________________________________________________________________________________What if a minor is pregnant?Unlike marriage, getting pregnant and having children does not mean that a minor is emancipated. The reasoning is that when a minor marries the spouse (rather than the parents) will support the minor. By contrast in most cases, a minor who is pregnant (or recently gave birth) will continue to depend on parents or legal guardians for financial support.In Maryland there are exceptions to this general rule.A pregnant female over age 16 is "emancipated with respect to matters concerning the pregnancy" (In re. Smith 16 Md. App. 209,295, A.2d 238 (1972)). This means that she has the right to control her own decisions about her pregnancy. This includes decisions about pre-natal care and abortion. Another exception would be if a minor moves out of a parent's house and set up housekeeping with the child's father, a friend, or partner. Depending on overall circumstances, this may show that s/he intends to be free from the parent's custody, control and support._________________________________________________________________________
Can you leave your 9 year old home so you can go to the store in Washington state?
No. Washington state is not only high in criminal kidnappings and break ins but a nine year old is not capable of keeping down a house whilst there parents/gaurdian/parent goes shopping. Also, the legal age is Eleven or Twelve due to the experience and capability they have around that age. You may also want to consider the area you are in before allowing your child to stay home.
What happens to the child when the custodial parent goes to jail?
Not sure what you're trying to ask. However, typically when a parent who has main custody goes to jail, the other parent will take the child in, or even a family member.
Sole custody and child support?
Sole custody is when only 1 parent has the right to choose where their child goes to school, which doctor they see, and what religion they partake in. Child support is the money that the non-custodial parent will pay to help support the child.
Does a mother have custody before the case goes to trial if she never married the father?
: No she does not. : Until you go to court the parent who is in possession of the child has custody.
How is a ssi disabilitie check divided on a child if the parents have joint legal custody?
the SSDI check goes to the parent with primary physical custody, that is the law
What happens to a child in Ohio if legal custodial guardian has abandonded the child?
Depends who makes the first move. If it is the state, the child usually goes to foster care. However, in this economy, with short budgets, are are now more willing to contact the separated parent to take custody.
When a custodial parent dies is child support from a non custodial parent still due?
Of course. Unless the non-custodial parent takes sole custody, the non-custodial parent is still responsible for paying child support to whomever the child goes to. There is no reason the death of a parent should terminate the other parent's child support obligation.
Can a child as a judge to change custody in ALABAMA?
In Alabama, a child cannot be a judge to change custody. Custody decisions are typically made by a judge based on the best interests of the child, taking into consideration factors such as their age, preference (if mature enough), and the ability of each parent to provide a stable and supportive environment.
Does back child support goes to he child or the parent?
The parent.
How does the IRS know who is the custodial parent?
Not applicable. It goes by the total amount of time the child spends with each parent. If the custodial parent does not have the child at least 51% of the time, they cannot claim the child. This is why the non-custodial parent needs to keep close track of the time in cases where the other parent has custody merely to get child support and the tax deduction, but has no real desire to care for the child. see link
If you have joint custody and temp orders and the resdential parent leaves child with oter and goes out of country for 10 days an non resdential paernt get custody?
A motion for first right of refusal could be filed.see link
If the custodial parent is convicted of a crime and becomes incarcerated does the noncustodial parent automatically becomes the custodial parent - correct?
No, the child goes into the care of custodial parents relatives. A motion for emergency change of custody is required. see my profile.
If a single parent of a minor child dies without having written a valid will what will happen to the child?
This issue is also applicable in divorces cases. If not addressed in a custody order, the child goes to the family of the deceased parent until the court says otherwise. see links below
