First problem is whether they were married, and if not, did he ever establish parental rights. Single fathers have no assumed rights in the US. If not, you have no standing in the court to file for custody. Beyond that, if you have standing, what you would be filing is a Child In Need of Care motion. I would suggest contacting the grandparents group. see link
I'm sorry about your lose.
Yes, but he could file for custody. Not tomorrow, nor next week. Take a month and prepare. see links below.
Yes, legally you may. Will the judge hearing the custody case look favorably upon such action is a bigger question. Speaking from professional experience, judges do not care for such arrangements especially when there are minor children involved.
Usually the State child welfare/protective services agency will intervene in such a case. Before someone obtains permanent legal custody, the parents' rights must be terminated, either voluntarily or by court order.
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.
Sole physical custody designates the parent with whom the child has a permanent residence. Joint legal custody is when both parents share equal rights and obligations to the child in regards to education, health care, financial suppport, etc. regardless of where the child resides.
WikiAnswers does not answer questions of a legal nature, and as such does not practice law. Custody rights are decided by Courts, so I would hire a lawyer. BUT before that, I would inquire as to WHY they are denying your son visitation rights with your grandaughter.
Permanent means forever right? The answer is simply no, even if you hired a attorney and went through the court, the answer will still be NO.
If she is found to be unfit or addicted to drugs she could lose custody. Additionally, if she refuses to give the father visitation the judge could find her in contempt and change custody to the father.
You can leave and ask for temporary custody until the court has determined permanent custody.
Yes.
Depends on the evidence. I teach fathers what to do. see links below
Yes she can unless she makes him leave. He can be considered a danger to the child.
Prove to the court that you are a more fit parent. Or have her give them back if she is willing. Other than that you are not getting them back.
Yes, definitely as temporary custody is for the period the matter is pending. And final custody is the final order while disposing the case. So final orders will definitely supersede the temporary orders. If you need a good lawyer for your custody matter then you can go for Siddhartha Shah and Associates as they have great knowledge and charge a very reasonable fee. One can call them on 093222 86663 for appointments or email your problems on lawyersidd.
You need to go to court and file an ex parte motion (emergency custody) and you may be granted temporary custody based on the same. To retain permanent custody, you would need to file a petition based on the same, wait for the hearing and participate in the subsequent investigation, then the judge will decide whether or not to award permanent custody to you, another party or remand the children back to the custody of the state.
Temporary custody is the precursor to the final decision. Therefore, if you have been awarded temporary custody, this may not be the final decision by the judge. The judge will take in all considerations and issue a permanent order that will state the custody arrangements.
Most temporary custody orders last until the court makes a permanent custody determination. Some custody orders have expiration dates, but they are usually set to coincide with further court appearances. Eva YourCustodyCase.com