In order to receive custody, you must prove the father to be un-fit. The court most definitely considers the financial stability of the parent seeking custodial status. If the parent seeking custodial status has had troubles survivng, the court WILL NOT find the judgment in the best interest of the child, regardless of gender. There must be severe circumstantial events for a court to change a contested custody case. The process would be very difficult, expensive and lengthly.
Certainly. The court is concerned with the overall welfare of the child(ren), not just the financial situation. If one parent is seen to be more nurturing, stable, etc. that weighs more heavily than who has the "most bucks". If the custodial parent has lesser means of supporting the children, the court will apply that, along with other factors, in determining the amount of child support. A parent obtaining full custody does not relieve the other parent of financial obligations.
can you petition mother to come to u.s. if you were adopted in u.s. The custodial parent will need to obtain a court order allowing them to take the child outside the U.S. Without the permission of the other parent (which is obviously not possible) or a court order a passport or visa will not be issued for the minor child.
No, if there is a custody dispute being heard by the court, that needs to be settled before any early emancipation petition would be accepted (if at all). There is a great misconception as to a minor receiving an early emancipation decree. It is not simply a matter of signing a paper and getting the request granted. Most states have "safe guards" within existing statutes which make it very difficult to become legally emancipated. I have doubts as to how many minors who claim they "did it w/o a problem" are being completely truthful.
it is indeed fact that, that would be wrong and against the law very much
Signing away one's parental rights or custody will not, in itself, relieve one of child support.
Yes. Just because you're not married doesn't mean you're not the child's father, and it's on that basis that child support is ordered. * Additionally, both parents are equally responsible for supporting their child/children. Courts no longer grant custodial rights to the mother simply because she is "the mother". However, the law presumes that an unmarried woman retains sole custody to a child until a court rules otherwise. The father must establish parentage before the court will consider child support, custodial, visitation or other issues
You cannot make any move that affects the father's access to your child. If you want to move, you must return to the court and seek a modification of the visitation order. Upon receiving that modification, you can then move. Generally, family courts look at the "best interests of the child" in making this determination. The best interests can include school, medical, and other opportunities, and can also include the parent's opportunities in the new location (if the parent will be better able to provide for the child). However, courts will heavily consider the child's relationship with the non-custodial parent, and the possibility for the continuation of that relationship. You should seek the services of an attorney to give you advice as to how to modify the order and increase the probability of the court allowing you to move. BEWARE: if you move first, then the court will most likely not be willing to help you later on.
I just went through this myself. I am mother in MT. Father in TN. Father has not seen son since he was 5 months old. Now he is 12. Father still has full rights to my son, even after all this time. Do you know why? He is finally current on Child Support. He has the right to see my son on his original visitation days that were set 12 years ago. The only way to change this is to take him back to court.
In general, child support is a percentage of net income.
What are the specific guidelines of spanking a child in South Carolina?
There are no specific laws concerning "spanking". However, any physical act either by use of an instrument or not that leaves bruises, abrasions, and so forth is considered physical abuse and if reported is subject to investigation by child protective services.
The laws vary from state to state, can you narrow it down just a bit?
AnswerThe first issue a judge would address is why the father was awarded primary physical custody in the first place? Secondly, what has changed in the mother's situation that would warrant the custodial order to be changed?It is highly unlikely a judge would have minor children removed from a home they have become accustomed to, unless there was proof of neglect and/or abuse. Many fathers and mothers are not involved in their children's lives even when they are together as a family, therefore the issue of his alledged non-involvement might be considered irrelevant by the court.
AnswerThank you for your replies! I apologize for the length of this, but this situation is so ridiculous that its hard to believe that something so awful could slip thru the cracks, so to speak and it takes a bit to explain it all.This concerns the state of Maryland.
PAST BACKGROUND: The Mother did not intentionally relinquish custody, but was actually tricked into signing a document that she was told enrolled the oldest in School (but was actually custody documents he had his lawyer draw up and stapled to school documents and letterhead). She was told to sign them quickly and that "They are for school, don't read them, just sign them!" and being still fearfull of him, but never suspecting such a thing did as asked. Stupid, yes. Bad Mom, no.
When he didnt return the children after that summer visit (a couple of weeks), she was told "Those school papers were actually custody papers. Too bad for you." The papers came from the court that week, in fact they had been entered in and accepted as uncontested custody pending the Divorce.
Mom had to raise money - she was completely broke so this took months. Meanwhile, the Divorce hearing came and Mom still couldn't afford a lawyer, even though she was working 3 jobs to try. She tried representing herself, asked for a postponment, asked for a separate custody hearing, but Dad got everything he asked for (his Mother had hired him the meanest attorney in the county, literally).
A couple months later, Mom finally had enough for the $5000 retainer and hired a Lawyer who told her she couldn't get custody since she had (prevoiusly) been in counseling (and on antidepressants) for abuse (by his hand). This counseling and meds only lasted 6 months, started right after she left him and ended before the Divorce trial even came around. Her Doctor provided notarized notes (And offered to testify) that she was completely Healthy and well now and that the counseling had been BECAUSE of Abuse by the childrens FATHER. The 6 years worth of abuse is all well documented by numerous Police, Medical, and other records and photos. She also had a restraining order against the Father at one point after he tried to run her car off the road the week she left him. The Fathers Mother was claiming Mom was insane (using the counseling as "proof"), and got the Father, her Mother (yes, the kids Great Grandmother), and her Boyfriend to say the same. Moms Lawyer got scared.
The other reason the Lawyer gave for settling was that Mom had moved by then to a neighboring state (that was only 1 hour away, but a different state). So, there was never a trial, just lawyers settling out of court. Obviously, this should have gone before a Judge. Air tight, official documentation beats word of mouth stories no matter how many people are convinced to lie, right?
CURRENT:
Mom is involved with the children as much as she is "permitted" to be, she has them every weekend and all Summer (Per the later settlement). She now is a stay at home mom to 2 babies from her recent marriage.
Now the Father said THIS WEEKEND that he wants nothing to do with the Kids ("Im too busy and don't have time" - that's an ACTUAL quote.), but that HIS Mother wont LET him give the kids back. Yes, he used the word "Let". Hes very scared of her still (hes 28) as she abused him for years. He does WHATEVER she says. He even signs Moms child support check over to his mothers boyfriend in full as he demands it. And as such, his mother and her boyfriend have the children and are primary care givers on Weekdays. The Father comes and goes as he pleases, but is not involved with the kids.
There is a significant ammount of abuse & neglect going on as well. DSS became involved at one point after the Fathers Mother was found to be beating the children with a wooden spoon. They investigated, found it to be true, but that was "ok" because she promised to stop (that was actually written in the papers). I believe the actual beating has now stopped. The Kids had no winter coats (Mom bought some), holes in their shoes (Mom replaced them), clothes that don't fit (2 sizes too small - Mom bought some clothes), and the Father doesnt care about school problems and refuses to meet with Teachers after they send home notes that there are problems at School. He told them he didnt have time (Mom found the notes and went straight to the school, grades are dropping and the kids are getting into fights at school).
The Fathers Mother and her boyfriend fight constantly, they also both fight with the Father. The environment is extremely hostile. The children are upset about the fighting and indeference and continually ask everyone (family members) why cant they go live with Mom since her home is happy and shes always there for them.
HELP!!! Mom wanted to make sure she has a case before she seeks legal help. She just doesnt trust Lawyers much anymore. The children are suffering and the entire situation is insane. Would DSS even care at this time? Or, should she get another (better) Lawyer? Would they care? Is there legal grounds here? She thought there was plenty before, but the Lawyer didnt think so. Even with the abuse to the kids, abuse photos (what dad did to mom), police records, etc...
What in the world does a Mother do when her children are legally being held hostage in a war zone and no one seems to care?
Any advice is most appreciated. This family is suffering terribly because of this situation. Thank you so much for taking the time to read this.
AnswerIt's difficult to admit but unfortunately there are attorneys who do not adhere to the ethics of the profession and the professional rules of conduct that all attorneys are required to swear an oath to.Documents that are considered legal that are signed under duress, intimidation and or fraudulent action are always subject to appeal, and why the mother's attorney did not use that is a mystery.
One option would be to contact a women's help center who can refer the mother to an attorney who would be more sympathetic with her situation and without question ethical.
Being in counseling and taking prescription medication is not something a judge would take into consideration unless there was an indication that the medication was being misused and/or the person were addicted to the point they could not function normally.
The father would be able to relinquish custodial rights to the mother through a fairly simple court procedure. Unless there were extreme mitigating circumstancaes a judge would certainly not void the action especially if since the mother has established a new family and is capable of supplying a stable home environment.
Since this website is not meant for personal communication please feel free to email me at macky83@juno.com if I can be of assistance.
ANSWER- NOT AN ATTORNEY
It sounds to me that it would benefit the children to have their own attorney through Social Services who would make recommendations to the presiding judge as to where the children should be placed. Someone unbiased who can look at both living situations and the court considers to have the children's best interests in mind might be a better route for you to regain custody of your kids given the circumstances you're describing. Good luck.
How does one parent relinquish full custody of a child to the other parent?
Contact the office of the clerk of the probate court in the county in which you reside for the forms and procedures for filing a voluntary relinquishment of parental rights.
Most states will not allow relinquishment of parental rights unless there is someone else willing to take over (adoption). I recently completed a step-parent adoption, and researched this thoroughly. States consider it detrimental, pairing it with "Best Interests of the Child".
Yes
How long must a child be left in Illinois before it is considered abandonment?
Criminal abandonment in Illinois is basically leaving a child under the age of 13 w/o supervision twenty-four hours or more. This means that if there is someone over the age of fourteen in the household, the law will not apply unless the children were left in "unsafe or unfit conditions"; those terms are oiutlined in the exceptions of the abandonment law. A parent not visiting or paying support for their child/children does not constitute abandonment. Such issues are adjudged by ILC's pertaining to support and/or custody of minor child/children.
How do you add fathers name to birth certificate in New Mexico?
First, you will need the father's acknowledgment of paternity or court order to that effect. Then, contact NM Department of Public Health for the procedure to file an amended birth certificate.
Unless you are paying back payments, I am not aware of anyplace that requires child support after the age of 21 or college graduation. I'd consult an attorney right away.
If the grandmother has no income, I must wonder by what means she supports herself. If you mean that she is of low income, that should have no real bearing. Many children of poverty-level households grow up into fine adults when, and if, raised by proper parenting methods. If there is reason to believe that adequate shelter, nourishment, educational needs, special needs, guidance or any other necessities of life may not be provided, I would definitely consider filing for custody. Try to be mindful of the fact that extended family and grandparents can be very healthy, and at times essential, to a child's growth and development. I would encourage you to do your best to maintain a reasonable relationship with the grandmother and grant her access to the child for the child's sake. It may be in everyone's best interests. A 21 year old can be mature, stable and loving enough to provide for a child. It may depend to a large degree on your level of maturity and your ability and willingness to maintain employment and provide adequately. If the biological mother is living and has not had her parental rights legally terminated by the court, she will be notified of any custody petition that is filed. A sibling who is of legal age and can provide a stable environment for the minor child is as eligible for being granted custodial rights as is any other relative. The exception would of course be, the presence of the biological mother and the circumstances related to her not being involved in the child's life.
Can a non-custodial parent receive alimony?
If the parents are getting divorced, you might be able to get spousal support ("alimony" or "maintenance") for a brief period to allow you to become self-sufficient.
How can a father gain custody rights to his children in the state of Kentucky?
If the parents are unmarried the father must establish his paternity legally. Once he has established his paternity he can petition for custody, visitation and a child support order can be established. Unless you can prove the mother is unfit to be a parent, it is really hard to take custody away from the mother in Kentucky. However, a father may be awarded joint custody or/and a visitation schedule. He should seek the help of an attorney who specializes in custody issues.
How can you make sure support payments go to the child?
Child support payments are not intended to go to the child. They are intended to help maintain the quality of life for the child and custodial parent. That means they go toward rent, utilities such as heat, electricity and hot water, phone expenses, food, clothing, shoes, medical needs, school expenses, transportation, entertainment- if there is anything left, etc. The custodial parent has the right to spend the money in any way money is spent on necessities in an intact family. Once you make your payments you have no control over how the funds are spent.
Yes you can, but it should be done through a lawyer. Example: Many couples that can't have children will often go through a lawyer and pay for your medical expenses and even perhaps allow you to live with them while you are pregnant. In turn, you sign papers that as soon as the baby is born they will be the adoptive parents. I am not sure about the U.S., but in Canada after the birth of your child you have 30 days to decide if it was the right things to do. Phone your "Bar Association" and find a lawyer that deals in child adoption. Once you do find that lawyer then you will meet the prospective adoptive parents and get to know them. Often the adoptive parents will also pay all legal costs. Yes, Texas was one of the first to pass a Safe Haven Law for newborns. The mother may give up her infant at the time of birth or within 30 days of the birth. The infant must be surrendered at a licensed medical facility, the best choice is a hospital emergency room. The mother does not need the consent of the court, will not be required to give any information other than that which she willingly volunteers and will not be required to sign any documents.
How can you stop your child support and welfare from being sent to your mom?
report that you are no longer a dependent receiving benifit of this support.
Does your child support stop if you have ten kids you live in Texas?
Why would that have any affect on it?
What legal rights does a 16-year-old father have to his unborn child?
All minors who are believed to be the father of a child must present proof of paternity to the court before they can file a petition for joint custody or visitation rights.
Such proof can only be established after the birth of the child and the preferred and indisputable method is through DNA testing.
I'm not an attorney and this is not legal advice. I have been dragged through the "system" for over 11 years and what I can tell you is that as a father of any age you don't really have any rights other than to " pay for play" as it has been told to me several times. The Truth is as far as I know until the child is born you have no rights. Wich really stumps me why the " right to life" people don't get involved with this issue.Now you can read till you go blind the laws of Michigan and what you will find is that for every law you think will help you there is another law that contradicts it. this how the sate of MI can stick to it's agenda. learn the grievance process , keep all your paper work always. bring pleanty of wittnesses to any hearing and ask them to keep notes, learn your local f.o.c handbook word for word cover to cover.if you can afford the transcripts at the hearings always buy them and compare the transcripts to your notes as courts often take out anything that will incriminate them.lawyers work for courts ( in my opinion and many others. ) your in for a long haul my friend. hang in there and although the courts and often the mothers don't look after the best interests of the child YOU MUST. as the child gets older they will see whats going on and there is more to life than the first 18 years.
How do you get custody back from the father after he got temperary custody?
You need to return to the court that granted him temporary custody and show compelling evidence that the issues that led to your losing custody have all been addressed successfully.
You need to return to the court that granted him temporary custody and show compelling evidence that the issues that led to your losing custody have all been addressed successfully.
You need to return to the court that granted him temporary custody and show compelling evidence that the issues that led to your losing custody have all been addressed successfully.
You need to return to the court that granted him temporary custody and show compelling evidence that the issues that led to your losing custody have all been addressed successfully.