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Custody

A person having custody of a child exercises exclusive parental authority and responsibility over the child’s physical provisions, moral and emotional health, medical treatment, discipline, religion, property, control, and place of residence.

500 Questions

I am 10 years old and I live with my mom. My dad wants custody over me. I don't want that. How do I tell him that without being mean?

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Asked by Wiki User

It's important to communicate your feelings honestly and respectfully to your dad. You can express your perspective by calmly explaining why you prefer to live with your mom at this time. It's important to emphasize that it's not about being mean, but about what you feel is best for you at the moment.

Is admitted drug use grounds for losing custody?

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Asked by Wiki User

The determination of custody is a complex legal matter that varies depending on jurisdiction and specific circumstances. Generally, drug use can have a negative impact on a person's ability to retain custody, particularly if it is deemed to endanger the child's welfare or safety. However, each case is evaluated on an individual basis, taking into account multiple factors such as the frequency and severity of drug use, the presence of a safe environment for the child, and the parent's ability to provide for their child's wellbeing.

How do you become a legal guardian in North Carolina if the mother is willing to give you guardianship?

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Asked by Wiki User

To become a legal guardian in North Carolina, you need to file a petition for guardianship with the clerk of court in the county where the child resides. The mother can voluntarily consent to the guardianship and sign a consent form. A hearing will then be set, where the court will review the case and determine if it is in the child's best interest for you to be appointed as the legal guardian.

What do you need to bring to courthouse for temporary custody?

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Asked by Wiki User

To bring to the courthouse for temporary custody, you typically need to have documents such as a completed temporary custody petition or motion, any supporting evidence or affidavits, identification documents, and any relevant court forms or paperwork that may be required. It's always a good idea to check with the courthouse or consult with an attorney to ensure you have all the necessary documents specific to your jurisdiction.

Can a non biological father give away his rights in new york state The child is 10 and the father is not the biological father. The real father has no rights.?

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Asked by Wiki User

In New York state, a non-biological father can voluntarily give up his parental rights through a legal process called "adoption by estoppel." This allows a non-biological father who has acted as the child's father to relinquish his rights and responsibilities. However, it is recommended to consult with a family law attorney to navigate the specific circumstances of your situation.

If a step parent remarries after death my mother can the kids contest a will?

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Asked by Wiki User

Whether or not the children can contest the will would depend on various factors, such as the specific laws in the relevant jurisdiction and the terms of the will. In some circumstances, children may have valid grounds to contest a will if they believe that they have been unfairly excluded or treated. It would be advisable to consult with a lawyer who specializes in estate law to evaluate the specific situation and determine the children's legal options.

If you have full custody can you take your daughter out of country?

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Asked by Wiki User

If you have full custody of your daughter, you may generally have the legal right to take her out of the country. However, it is important to review any provisions or restrictions pertaining to international travel in your custody agreement or court order. Additionally, it is recommended to consult with an attorney to ensure you are in compliance with all legal requirements and to address any potential concerns or issues.

What is considered unfit home?

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Asked by Sheenadiamond

An unfit home is typically one that does not meet the basic requirements for safety, cleanliness, and habitability. This can include conditions such as severe structural damage, lack of running water or electricity, presence of hazardous materials, unsanitary conditions, or overcrowding. It can vary based on specific local laws and regulations.

Can a parent receiving disability-SSI-get custody of their children?

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Asked by Wiki User

Yes, a parent receiving disability SSI can seek custody of their children. The court will consider the best interests of the child when making custody decisions, and the disability status of a parent alone does not prevent them from obtaining custody. The court will evaluate factors such as the parent's ability to care for the child and provide a stable environment.

What to do when child protective services comes to your house?

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Asked by Inglourious

When child protective services comes to your house, it's important to remain calm and cooperative. Ask for identification and the reason for their visit. Answer their questions truthfully and provide any requested documentation. If you have concerns about their actions, remember to ask for specific reasons and follow up with a supervisor if necessary.

How does the court decide on a relitave that a child can live with if the child doesnt want to live with either of their parents?

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Asked by Wiki User

When a child does not want to live with either of their parents, the court will consider the best interests of the child. They may appoint a guardian ad litem who will investigate the child's circumstances and make recommendations. The court will also consider various factors such as the child's age, maturity, and any evidence of abuse or neglect, before making a decision on the child's living arrangements.

Will a criminal record hurt you on getting visitation rights for your child?

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Asked by Wiki User

Having a criminal record can potentially impact your ability to get visitation rights for your child, as it may raise concerns about the safety and well-being of the child. However, the court will consider various factors such as the nature and severity of the crime, the time that has passed since the offense, and whether there has been any rehabilitation or character development. Each case is unique, so it is important to consult with a family law attorney who can provide guidance based on the specific circumstances of your situation.

At age 16 does the child have a say who they want to live with in new york?

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Asked by Wiki User

In New York, the child's preference may be taken into consideration by the court when determining custody arrangements, but it does not necessarily dictate the final decision. The court will consider the child's best interests, which may include factors such as the child's relationship with each parent, their emotional and physical well-being, and stability in their living environment. Ultimately, the court aims to make a decision that is in the best interests of the child.

How long will dcfs bother me even after you get my baby back in my custody?

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Asked by Wiki User

The duration of DCFS involvement will vary depending on the specifics of your case. DCFS typically remains involved until they are satisfied that the concerns that led to the removal of your child have been addressed and that your child is safe in your care. This may include ongoing monitoring and follow-up visits for a certain period of time.

You are the custodial parent and have first right to refusal but noncustodial parent doesn't follow court order-what is subject to happen?

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Asked by Wiki User

If the noncustodial parent does not follow the court order regarding the first right of refusal, they may be held in contempt of court. This can result in consequences such as fines, loss of visitation or custody rights, or even potential jail time. It is important to consult with a lawyer to discuss the specific details of your situation and determine the appropriate course of action.

How old is old enough not to follow custody in CA?

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Asked by Wiki User

In California, a child who is 18 years old or has graduated from high school is considered old enough not to follow custody orders. At this age, they are typically considered adults and can make their own decisions regarding custody arrangements.

You are not married to the father of your child but want to move to another state?

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Asked by Wiki User

You can generally move to another state with your child if you have sole legal and physical custody. However, it's important to review the specific child custody laws in your state and consult with a family law attorney for guidance. If there is a custody agreement or court order in place, you may need to seek permission from the court or the other parent before relocating.

How do you get your kids back from their dad if neither parents have custody?

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Asked by Wiki User

If both parents do not have legal custody of the children, they can file a petition for custody with the family court. It is advisable to consult with an attorney to understand the specific legal requirements and steps to take in your jurisdiction. The court will consider the best interests of the children before making a custody decision.

Can legal guardian deny vistitation rights to biological parents?

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Asked by Wiki User

In certain circumstances, a legal guardian may be able to deny visitation rights to biological parents if it is deemed to be in the best interests of the child. This typically occurs if there is evidence of abuse, neglect, or if it is determined that visitation would be harmful to the child. However, it ultimately depends on the laws of the specific jurisdiction and the decisions made by the courts.

If a custodial parent is incarcerated does the noncustodial parent have the right to go and take custody of the minor children?

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Asked by Wiki User

Whether or not the noncustodial parent has the right to take custody of the minor children if the custodial parent is incarcerated depends on the specific circumstances and any existing court order or custody agreement. In general, it is recommended for the noncustodial parent to consult with a family law attorney and go through the appropriate legal channels to modify or establish custody arrangements during the custodial parent's incarceration.

You are a mother who has full custody the paternal grandparents go for months at a time with no contact can they still get their rights?

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Asked by Red85

The ability of paternal grandparents to obtain legal rights varies depending on the jurisdiction and specific circumstances. In some cases, grandparents may be able to petition for visitation or custody rights if they can demonstrate that it is in the best interest of the child. However, if they have had no contact for months and are not involved in the child's life, it may limit their chances of obtaining rights. Consulting with a family law attorney would provide insight into the specific laws and regulations in your jurisdiction.

Is it possible to make arrangements before birth so that the child is born very beautiful and intelligent?

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Asked by Wiki User

No, it is not possible to make arrangements before birth to ensure that a child is born very beautiful and intelligent. These traits are determined by a combination of genetics, environmental factors, and individual development during childhood and beyond. There is currently no scientific evidence to support such claims.

How can a mother gain custody back of her son after signing over legal custody to his aunt?

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Asked by Wiki User

In order for a mother to regain custody of her son after signing over legal custody to his aunt, she would typically need to go through the legal process of petitioning the court to modify the custody arrangement. This may involve demonstrating that there has been a significant change in circumstances or proving that it is in the best interest of the child to have custody returned to the mother. Consulting with a family law attorney would be recommended to navigate the specific legal requirements and options in their jurisdiction.

Will Florida increase amount custodial parent receives if child has austism?

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Asked by Wiki User

There is no specific rule that guarantees an increase in the amount the custodial parent receives if the child has autism. Child support amounts are determined based on various factors, including the income of both parents and the child's needs. However, if the custodial parent can demonstrate that the child's autism-related expenses are substantial and necessary, it may be possible to request a modification of the child support order.

What are your rights of custody as a unmarried father in fl if the mother is in jail?

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Asked by Wiki User

In Florida, as an unmarried father, you may have the right to seek custody of your child if the mother is in jail. However, you will need to establish paternity and go through the legal process to establish your rights. Consulting with an experienced family law attorney would be advisable to navigate the specific circumstances of your case.