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If your parent have join legal rights but your dad has physical care can you move out to live with your mom at 17?
Wiki User
∙ 14y ago
In most states, the child can decide at 14.
ANOTHER VIEW: (in the US) Do NOT use the above answer as a general guideline! While a judge MAY decide to allow the child to voice their desire, in the end it is the judge who will make the final decision based on what they believe are the long-term best interests of the child.
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∙ 14y ago
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What does it mean when the father has sole physical and mother has joint legal?
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.
In the state of Wisconsin do step parents have rights to step children if the custodial parents have fifty fifty custody and placement?
A step parent does have some rights, but they are extremely limited. In Wisconsin, step parents do have rights regarding day to day care, BUT their rights are subject to the wishes of the biological parent that they are married to. As regards parental rights, a step parent is not considered a parent, but a legal guardian. In all major decisions (custody) or major events, a step parent does NOT have rights, nor can they contest a parent's rights in court unless they can prove a danger to the child would occur. In fact, a step parent who interfears with a biological parent's rights in any way can be held in Contempt for doing so. In ALL matters regarding the children, the rights of the step parent is ALWAYS trumped by either biological parent, unless a judge interseeds. In joint custody arrangements, both parents have equal rights, no one parent is above the other, no matter who has the children more, and a step parent cannot be a tie-breaker unless both parents agree. Only a judge, federal law, or state law can overrule or remove a biological parent's rights. The bottom line is the rights of a step parent in Wisconsin are VERY limited and are always subject to the biological parents.
What is the difference of Parental or custodial rights?
A guardian must be appointed by the court pursuant to a petition for guardianship and has the legal authority to care for another individual's person and/or property. In the case of minors, a guardian is someone other than a parent. In the case of an adult, a parent can be appointed as their guardian.Custody, in this sense, refers to the care and control of a child awarded by the court usually to one or both parents. The parent who is awarded custody of a child is not referred to as their guardian.
Can I take my son from the foster parents if they have power of attorney and the back of his head is flat?
No. You do not have the right to take the child if he has been placed in foster care. A child who is in foster care is a ward of the state. That child is under the legal custody of the Department of Child Services by virtue of a court order. The department has placed the child with a certified foster parent. A foster parent partners with that department to provide stability, food, clothing, housing and nurturing to a child who can no longer live with his/her birth parents. The foster parent interacts with the child's school and sees to medical needs. There is always the hope that the child will be reunited with their parents some time in the future. During the foster care period the parents rights are suspended although they may have visitation rights. If you have questions or concerns about your child's health or physical condition you should speak with the social worker in charge of your case.
Can parents have guardianship of their child when they are over 18 years of age?
If they have legal custody, they are, by definition, the legal guardians.
Is Primary Physical Custody the same as being the Primary Parent in Nevada?
Primary parent may informally refer to the parent with whom the child lives for the majority of the time. Primary physical custody is the legal term for the parent with physical care and supervision of their child for the majority of the time.Child support and custody is an extremely complicated area of law in Nevada which is somewhat behind the times in defining and clarifying these issues. If you need legal advice in that area you need to consult with an attorney who specializes in family law and who has a good reputation.A parent may have sole legal custody or joint legal custody.A parent with sole legal custody can make all the decisions regarding the child such as education, medical treatment and religious training.Joint legal custody means that both parents have a equal right to make decisions regarding the child. Parents with joint legal custody may have different arrangements regarding physical custody. They may share physical custody equally or the child may spend more time with one parent. If a parent has physical custody of the child for the majority of the time they are considered to be the primary parent.Physical custody is a different issue. Nevada recognizes three forms of physical custody:sole physical custody- sole physical care and supervisionprimary physical custody- physical care and supervision for the majority of the timejoint physical custody- parents share physical care and supervision
What does it mean when the father has sole physical and mother has joint legal?
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.
Can a parent throw out a twelve year old girl?
No, it's not legal, but a parent can very well sign over their parental rights to you at ANY time & put you in the foster care system.
Can a parent without legal rights get custody?
If you do not have legal rights due to being illegally in the country or because of criminal convictions, then you probably will not be able to successfully sue for custody. If the other parent willingly, without coercion, allows you to care for the child that is another thing. Check in with your lawyer to obtain details for your situation.
When can a child care worker refuse to allow parent take child?
Presumably, the custodial parent is the parent who has arranged for the child care and is the person who normally delivers the child and picks the child up after work. The child care worker can refuse to allow a parent to take a child if the custodial parent has provided a copy of a court order showing that the custodial parent has legal and physical custody. No unauthorized person should be allowed to take a child from day care.
Custodial Rights?
There are many cases where a person’s custodial rights over a child are disputed. Divorce of two parents, the decease of a legal guardian, or inadequate parenting abilities all can place the decision of the custody of a child into the hands of a court. Unfortunately, custodial issues can prove to be very upsetting for the child in question, and because of this, all custodial rights disputes should be settled with as much speed as possible. Having a thorough knowledge of commonly accepted custodial rights is beneficial in expediting the legal process. Several factors are included in determining a parent’s child custody rights. In the case of a divorce, the court must determine whether or not each parent is eligible for physical custody. Physical custody is defined as the right of a parent to house the child in question at his or her abode. In joint physical custody, the child lives alternately at the separate homes of both of his or her parents. Depending on the court’s determination, the child might live primarily with one parent and only stay at the other parent’s house occasionally, or the child might spend equal time with both parties. A parent can also gain sole physical custody in which the other parent is only granted visitation rights or is completely barred from the child’s presence. Sole physical custody is oftentimes granted to a parent when the other parent has been determined to be dangerous or detrimental to the child’s welfare. In order for a parent to regain some physical custody, the parent must prove to the court that he or she has permanently changed his or her ways and that the child would be completely safe under the parent’s care. Custodial rights are approached in a very different way when dealing with the adoption of a child. After the decease of a child’s parents, the court must decide which of the child’s relatives is most eligible to assume the child’s care. The court undergoes extensive legal procedures and investigations to determine whether or not a prospective guardian would be suitable to look after the child. Finally, custodial rights might be disputed if a parent has displayed inadequate parenting skills. A court can mandate that the parent lose his or her custody rights if it appears that the child’s welfare is endangered under the parent’s care. In order to keep custody of his or her child, the parent must prove that he or she is a responsible guardian of the child.
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.
Who has legal control over a baby when the parent is 16 years old?
The parent has the right to decide about the baby, regardless of their age. However, if the minor cannot show that they can take care of the child, the courts can take away their parental rights.
What does it mean to have primary physical and legal custody?
Primary legal custody means the parent/person with whom the child lives can make all the decisions concerning the child such as schooling, medical care, etc. unless the custodial order deems otherwise.
Does a mentally disable parent who's children took care of them have rights?
Yes, a mentally disabled parent who is cared for by their children still has rights. They have the right to dignity, respect, appropriate care, and to make decisions about their own lives to the extent possible, regardless of their disability. Family members providing care should also ensure the parent's rights are upheld and seek support as needed to provide quality care.
Does a non-custodial parent still have their same guardian rights in particular if the child needs orthodontic treatment or physical for school activities can they arrange it and take care of it?
That's dependent on court orders.
Can I have legal rights to a baby without going to court?
If you are the natural parent you have legal rights. Those rights are presumed and someone will have to go to court to take those rights away. if you no longer have a relationship with the other parent, or have a very bad relationship with the other parent, and they are the primary caretaker, then the other parent can go to court, perhaps gain sole custody of the child, and your rights will be greatly limited.If you are not the natural parent, it is very difficult to gain legal guardianship over the child without the parent's consent, unless the parent is shown to be incompetent. If the parent is found incompetent, there is no guarantee the court would not find the state foster care system a better option for the child. In any event, you would have to go to court to have any guardianship/adopted parental rights recognized.
