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That does not mean you have full custody. Even though the father is not around you should still go for full custody. Theres always that chance the father could back around and that child is not with you he has just as much right to that child as you do.

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โˆ™ 2004-11-15 23:06:20
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Q: When a child is born and the father is not there or never comes around does that mean you have full custody?
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Does a father have a chance for full custody?

yes he does but it all comes down to the situation of the parents and the children. if courts see that the mother isn't fit to be a good parent, they give the father full custody!! ANSWER: The best way to answer your question is to ask this one to yourself: What is in the best interest of the child? If living with the father is the best situation, then it needs to be fully proved in court.


If you have sole custody of a child and you get arrested can the father take the child?

The answer depends on the details which haven't been included here.This is a complicated situation and you haven't explained whether the mother is incarcerated. If so the father may have to provide a safe temporary home for the child while he files a petition for an emergency temporary custody order until the full hearing can be scheduled. If the father is available, in the child's life and has not been deemed an unfit parent then he can petition for a modification of the custody order and request permanent custody.If anyone wants to object they can express their objections to the court and file their own petition for guardianship. The court will hear testimony and review evidence and render a decision. If no one comes forward the child will likely be placed in foster care.


Can a father retain custody with meth charges pending?

That depends on prevailing law in the state where he lives, but generally, charges are not a conviction and will have no bearing on custody, unless of course, the child was found to be living in a meth house or there are other emergency reasons why a child may be reassigned on a temporary basis. Otherwise, charges are not convictions and may have no bearing up and until that time a conviction comes down. Then custody may be modified based on the same.


What can I do my daughters mother took her to Mexico and told me she would be back this month she hasn't came back yet or called i signed to were she could take her is the anything i can do?

Unfortunately, even those countries that are signers to the Hague Treaty on Child Custody, they do not honor it when it comes to father custody rights. This includes the US. Only Cuba honors the treaty equally, except they never signed it. You will need an attorney that specializes in international cases.


Can you get sole custody if your ex-spouse has moved out of state and rarely sees the children?

yes,if he has had little or no contact with the said child/dren,also you can call it abondement no intrest in the child. with the child/dren with you ,you have primary custody as of right now. but, if it comes to court bring evidence such as utility bills that have a change of date on them that was switched to your name after he left, or if you rent ,a letter from your landlord the date he moved out.dont give up,the courts usally favor a mother unless there is child abuse. the parent that the child/dren remained with has a great leap forward for caring for the child/dren first.

Related questions

Which states do not automatically give sole custody to mothers?

All of them particularly if the father has signed the birth certificate or has otherwise been legally deemed as the father. ' The law has become gender-neutral in areas of child custody and the father has as many rights as the mother when it comes to custody. Ultimately, it comes down to the decision of the judge who would be better suited to act in the best interests of the child and custody is awarded based on the same. The mother has presumptive initial custody in some states, particularly if the father's name is not on the birth certificate or paternity is otherwise legitimized/established until custody is mandated by the courts.


If the father is in jail for domestic violence at the time of a custody case does the judge usually give the mother sole custody?

Yes, the safe environment of a child always comes first, so your chances of gaining full custody are high.


A family in which the mother and father share decision making is called an?

When the mother and father share the decision making when it comes to the children is called a joint custody. In this set up, both parents can have access to the records of the child or children and can live with one or the other according custody schedule ordered by the court.


Can a girl keep a child away from the father?

You didn't say if the girl was the mother. Here are some factors: * If the girl is the mother and there is a good reason (drugs, criminal record, abuse, lack of support payments or, the father of the child refuses to see the child) making the father unfit, then yes, she can go to Children's Aid or a lawyer and gain sole custody of the child. Generally the mother will win in this case because the safety of the child always comes first. * If a girl is living with a boyfriend and they have a child together and he is an unfit father as stated above then she can seek the help of a lawyer or Child's Aid and get sole custody of the child. * The girl cannot keep the child away from the father if he is a decent father and she simply decides she wants nothing more to do with him or, she has another boyfriend or even a husband. The father in this case would have every right to have partial custody of that child if he so chooses. * If the girl (mother) of the child is unfit herself then the boyfriend/husband can also seek sole custody of the child should he think the environment the child is raised in is unfit. This of course would be a decision of Child Aid and it could go to court.


What rights does an American father have to and child born in Brazil?

Typically parents have equal rights to their children, but if the child lives in a different country, it's best to hire a lawyer that knows the laws in that country when it comes to things like custody, visitation, and child support


What if child custody agreement states that noncustodial parent pays half of the medical expenses and transportation and father refuses what recourse does custodial parent have to obtain the money?

That comes under child support enforcement, they will file a motion to enforce.


When a child is incarcerated does the maternal grandmother have more rights to the children than the paternal grandfather if the father is not on the birth certificate?

You don't say which of the parents that are incarcerated but their rights to the child comes first. If the father is not in the birth certificate and he has not established paternity to the court so he can petition for visitation or custody and also pay child support, there is nothing that legally says he is the father. Then the maternal grandmother would have a better chance. If the father is not in the birth certificate but he has established paternity to the court so he can petition for visitation or custody and also pay child support, the chance should be equal.


Does a father have a chance for full custody?

yes he does but it all comes down to the situation of the parents and the children. if courts see that the mother isn't fit to be a good parent, they give the father full custody!! ANSWER: The best way to answer your question is to ask this one to yourself: What is in the best interest of the child? If living with the father is the best situation, then it needs to be fully proved in court.


Do fathers have rights when it comes to their child in the state of Florida if they are not married to the mother of their child?

The mother has sole custody and control in most states until the father can establish his paternity. Remember, a child's mother can always be identified by medical records. Since the father didn't give birth and he was not legally married at the time of the birth he must seek other means of establishing his paternity and that is done through a paternity test. A paternity test can be arranged through the court and once established the father can request visitations, custody and set up child support for the child.


What custodial rights does an illegal immigrant mother have to a child out of wedlock with a US Citizen?

Immigrant status play no part when it comes to parental rights so she has the same rights as every US single mother which means she has full custody and is the legal guardian of the child since birth. The father have to prove paternity by DNA and can then petition for shared custody, visitation and pay child support.


If you have sole custody of a child and you get arrested can the father take the child?

The answer depends on the details which haven't been included here.This is a complicated situation and you haven't explained whether the mother is incarcerated. If so the father may have to provide a safe temporary home for the child while he files a petition for an emergency temporary custody order until the full hearing can be scheduled. If the father is available, in the child's life and has not been deemed an unfit parent then he can petition for a modification of the custody order and request permanent custody.If anyone wants to object they can express their objections to the court and file their own petition for guardianship. The court will hear testimony and review evidence and render a decision. If no one comes forward the child will likely be placed in foster care.


Can parents be granted on order through the courts to keep their child in their custody until the child turns 18?

No. As parents you already have custody but a judge can not give you a guarantee that no matter what will you keep that. The best of the child comes first and if you for some reason is found unfit down the road the child would need a new guardian. If you are divorced and granted custody that court order is valid unless the other parent (or the state) get custody for whatever reason (if both parents become unfit etc). And custody lasts until the child is 18. You can not get a guarantee from the judge that you as a parent will have custody until the child is 18. There are 2 parents and according to the law both are allowed to seek custody of their child.

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