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.

Custody
Children and the Law
Child Support

What is the difference between sole custody and joint custody?

Custody labels change depending upon the jurisdiction in which you reside. It is important to know and understand the proper custody labels and have them applied in your child custody order. Generally there are two main categories of custody:

  • Legal Custody: Legal custody refers to making major decisions in your child's life such as medical and health related decisions, education, and welfare.
  • Physical Custody: Physical custody refers to which parent the children reside with on a day to day basis.

Sole Legal

One parent has the right to make any decisions that affect the child.

Joint Legal

Both parents have the right to be involved in decisions regarding the child.

Sole Physical

The child resides with one parent who is said to have primary physical custody. The other parent may or may not have visitation rights pursuant to a visitation schedule either issued by the court or arranged by the parents.

Joint Physical

Arrangements are designed that provide the child will spend 50% of their time with each parent. Child support is modified based on this time split and the differences between their incomes.

Generally the phrase full custody is used to refer to a parent with sole legal custody. Sole legal custody means that the parent has the right to make all decisions that affect the child. That includes such things as where the child resides, attends school, medical treatment, etc. Joint legal custodymeans the parents both have an equal right to make decisions regarding the child and one must consult the other before making important decisions. Primary physical custody refers to the parent with whom the child resides the majority of the time.

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Adoption
Custody
Child Support

Giving up legal rights to your child means what?

That you have no right to see your child. Child Support is a separate issues. see links

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Custody
Children and the Law
Child Support

Does the absent parent HAVE to pay child support?

Yes, if the custodial parent and/or State agency files an action [either judicial or administrative] requiring that s/he do so.

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Relationships
Custody

Can an uncle get custody of his niece who is a ward of the state of ny but the uncle lives in va?

If the uncle honestly desires that, he will get an attorney who will guide him through the process. It takes an attorney, but can be done.

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Pregnancy Health and Safety (Prenatal Care)
Custody
Child Support

Do you have to have a bury for unborn child?

No if it has taken a breath then yes

But Allah will give u a new baby for taken away your baby

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Custody
Family Travel
Travel & Places

Do you need a consent for your child to travel with grandparents inside the US?

No. There are no checkpoints as there are between countries so there is no way for the government to regulate that. It is perfectly legal for grandparents to travel in the US with their grandchildren without any documentation. Really no one need any documentation to travel with anyone inside the country. If you want to go to Canada, a notiraized letter that has the signatures of both parents is required.

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Custody
Child Support
Children and Divorce

Does a child have to visit a parent who has visitation rights?

Yes. The only way to stop visitation is for the court modify the original ruling, but they will need strong evidence that it would be detrimental to the child to continue going to visit the other parent. If the child is refusing to go, the first thing you should do is to find out why your child doesn't want to visit the other parent.

You can hire an attorney and take your ex spouse to court if you believe your child is being abused. But you will have to present real proof; a judge can't, and won't, make a determination based only on heresay. A large reason for that is many parents have used false allegations of abuse as a weapon against their ex spouses, doing it purely for personal, vengeful reasons. Judges have seen many parents who have "coached" their children in what to say, just to get back at their ex spouse.

In most cases a child does need both parents, but there are always exceptions to the rule. The courts realize there are parents who do abuse their children, or allow the child's step parent to abuse the child, so you will need to present the facts as clearly and concisely as possible, keeping to the issues at hand.

But the courts also realize there are parents who will make false accusations towards their ex spouse based on their own personal feelings, even when there is no abuse involved. You can't use your personal dislike of a parent or step parent as a basis for any allegations.

So if you feel your child is being mistreated in any way, the best thing to do is to take the case to court, and be sure to have as much proof as possible. The proof can include photos of physical abuse, such as bruises, etc., witnesses who have seen or heard physical or emotional abuse, the child's testimony (in private chambers, depending on the child's age and circumstances, but usually with both attorneys present).

School records can also help, including the teachers, school guidance counselor, or school nurse; they are trained to detect even the smallest changes in a child's behavior. If the child's grades go down or if the child's behavior changes, they will have noticed this, especially if you have already talked to them and explained the situation, asking them to make note of the child's behavior.

Also, be sure to document things your child says and does when returning from the other parent's home. Don't coach them in what they say or do, just be sure to document what they say or do on their own. That doesn't mean you shouldn't ask your child things such as "Did you have a good time with your dad", or something similar.

That will be an opening for your child to tell you how he or she was treated, things that may have happened to upset your child, inappropriate things they may have been subjected to, such as porn, vulgar language, etc. In other words, do all you can to be prepared and to present the facts as they are to the court.

You also have to consider the possibility that the child may have more rules at the other parent's home, which the child doesn't like. Often, children want to be with the parent who is more lenient, or allows them more freedom to do the things they want to do. Some parents, after divorcing, tend to become the 'fun' parent, thus making the other parent seem too strict when, in fact, they are merely doing what good parents to - enforcing rules for safety, health, academics, etc. If this is the case, then the child needs to be taught those rules are in place and enforced only because that parent does love them.

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Custody
Children and the Law
Child Support

Is it illegal to file child support in two states?

The case should originate in the State where the child lives. Only one order can be operative at any one time. However, a child support order may be registered in any other State for purposes of enforcement. There is no law prohibiting more than one State from enforcing a child support order.

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Custody
Law & Legal Issues
Child Support

Can a non party be bound by a court order?

no

Added: Usually only the parties named in the order are affected by it, unless the-order also includes more general phraseology (e.g.: "all parties to the action" - "the school administration" - etc) to apply to some much broader or more inclusive group of people.

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Custody

Can a non-custodial parent move out of the country?

yes

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Custody
Children and the Law
Child Support

Can child be adopted without biological fathers consent?

Yes, if a court terminates the biological father's parental rights on the grounds that he is an unfit parent, or the biological father fails to appear for hearings on the matter.

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Custody
Children and the Law
Child Support
Birth Certificates

What happens if there is no father to name on the birth certificate?

Just the mother's name is perfectly legal. I used artificial insemination, so there was no father. My son's birth certificate has only myself listed. Perfectly legal, never a problem nor question.

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Custody
Divorce and Marriage Law
Children and Divorce

How does a divorce affect children?

Divorce has a variety of adverse effects on children. Generally, their reaction can be strongly influenced by the manner by which their parents handle the divorce.

Everything has changed for them. Their lives are disrupted. Their lives have become unstable. They fear what will happen to them without both parents in the home to care for them. Some think the break up is their fault. There is no more "family" time with both parents present: trips, vacations, parties, school functions, sports, etc. There isn't enough money to go around. They don't see enough of the non-custodial parent. The custodial parent probably needs to work more, worry more about family finances and has less time to spend with the kids. Home life is more stressful as a result. In some cases they become the victims of bullying at school.

They worry when their parents can't get along with each other and any discussions end in a fight. Some bitter, immature, self-centered parents play the children against one another or try to alienate the child against the other parent. That can destroy family relationships forever. In many cases children are uncomfortable with sharing their parents with new partners that may come and go. Visitations can be a problem when there's a new spouse or partner who the children do not know well or even like.

We know that some children of divorced parents have more emotional and behavioral problems and do less well in school than children who live with both their parents.

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Adoption
Custody
Child Support

Can a mother give up parental rights to a teenager?

A parent cannot simply abandon their child, however in most cases they can voluntarily relinquish parental rights provided that adequate alternative care (such as a relative willing to take the child or someone willing to adopt them) is available.

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Custody
Children and the Law
Emancipation and Ages for Moving Out

What to do when your dad leaves home?

you should call him a lot and prepare for his homecoming he will always love a big hug after a long day month or week mean while let him know that you miss him if he is far away send him pictures on his phone that will always cheer both of you up

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Custody
Children and the Law
Child Support

How does joint custody affect child support?

Joint Custody and Child SupportJoint legal custody has no effect on child support. With joint physical custody there is still a payment of child support from the higher income parent to the lower income parent, usually determined by a sliding scale based on time with each parent (procedures vary among states). Because both parents provide for the child directly, the payment between parents may be less, but the financial support to the child is the same or higher than with sole custody.
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Custody
Child Support

Can a person be forced to pay child support after 20 years old if they never had to pay?

YES/NO

This fully depends on the state. In most states, the mother has until the child turns age of majority for that state (18-21) to file for retroactive child support of up to 18 years worth (average is 5 years), and the child can file for one year after they reach the age of majority. However, in Ohio and Michigan, the mother has until the child turns age 23 to file for 18 years of retroactive child support. The child can file after age 18 and the 23rd birthday. In all states, the father knowing he had a child is not a required consideration, however judges are raising this issue before approving an order, provided the mother was not on Welfare. If the mother was on Welfare, than it has to be repaid.

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Custody

Can you have custody of child if your spouse commit adultery?

A spouse having an affair is not usually something the judge takes into consideration when deciding which parent will get custody of the children.

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Custody
Child Support

What can the non custodial parent do if the custodial parent does not provide a safe environment for the child?

The child should be removed from an unsafe situation and the non-custodial parent should request temporary physical custody.

If you do not have a lawyer you can go to the court in your state and get a emergency temporary order for custody, but be prepared to have compelling proof of the unsafe conditions in the custodial parents home. Child endangerment is a primary concern to the courts. A parent can be deemed unfit for not providing a safe environment. You must provide as much evidence as possible to compel the court to take action. You should hire an attorney who specializes in custody issues in order to get the best outcome.

The factors used to determine that a parent is unfit are generally governed by state laws with child endangerment being the determining factor. The following include some of the reasons a parent may be declared unfit:

  • physical, emotional and sexual abuse
  • excessive discipline
  • failure to protect the child from abuse by others
  • failure to report abuse of the child
  • neglect- failure to provide food, clothing, proper hygiene, necessary medical treatment, schooling
  • failure to provide proper medical care
  • failure to provide day to day parental care
  • serious illness or disability
  • mental illness
  • substance abuse or addiction
  • alcoholism
  • criminal activity and/or associations
  • incarceration
  • conduct or conditions that are seriously detrimental to the child
  • abandonment
  • child endangerment
  • leaving the child unattended or in the care and supervision of a child or otherwise incompetent person
  • a failure to provide adequate supervision
  • unsafe living conditions
  • a medical condition that makes it impossible for the parent to adequately care for the child



The child should be removed from an unsafe situation and the non-custodial parent should request temporary physical custody.

If you do not have a lawyer you can go to the court in your state and get a emergency temporary order for custody, but be prepared to have compelling proof of the unsafe conditions in the custodial parents home. Child endangerment is a primary concern to the courts. A parent can be deemed unfit for not providing a safe environment. You must provide as much evidence as possible to compel the court to take action. You should hire an attorney who specializes in custody issues in order to get the best outcome.

The factors used to determine that a parent is unfit are generally governed by state laws with child endangerment being the determining factor. The following include some of the reasons a parent may be declared unfit:

  • physical, emotional and sexual abuse
  • excessive discipline
  • failure to protect the child from abuse by others
  • failure to report abuse of the child
  • neglect- failure to provide food, clothing, proper hygiene, necessary medical treatment, schooling
  • failure to provide proper medical care
  • failure to provide day to day parental care
  • serious illness or disability
  • mental illness
  • substance abuse or addiction
  • alcoholism
  • criminal activity and/or associations
  • incarceration
  • conduct or conditions that are seriously detrimental to the child
  • abandonment
  • child endangerment
  • leaving the child unattended or in the care and supervision of a child or otherwise incompetent person
  • a failure to provide adequate supervision
  • unsafe living conditions
  • a medical condition that makes it impossible for the parent to adequately care for the child



The child should be removed from an unsafe situation and the non-custodial parent should request temporary physical custody.

If you do not have a lawyer you can go to the court in your state and get a emergency temporary order for custody, but be prepared to have compelling proof of the unsafe conditions in the custodial parents home. Child endangerment is a primary concern to the courts. A parent can be deemed unfit for not providing a safe environment. You must provide as much evidence as possible to compel the court to take action. You should hire an attorney who specializes in custody issues in order to get the best outcome.

The factors used to determine that a parent is unfit are generally governed by state laws with child endangerment being the determining factor. The following include some of the reasons a parent may be declared unfit:

  • physical, emotional and sexual abuse
  • excessive discipline
  • failure to protect the child from abuse by others
  • failure to report abuse of the child
  • neglect- failure to provide food, clothing, proper hygiene, necessary medical treatment, schooling
  • failure to provide proper medical care
  • failure to provide day to day parental care
  • serious illness or disability
  • mental illness
  • substance abuse or addiction
  • alcoholism
  • criminal activity and/or associations
  • incarceration
  • conduct or conditions that are seriously detrimental to the child
  • abandonment
  • child endangerment
  • leaving the child unattended or in the care and supervision of a child or otherwise incompetent person
  • a failure to provide adequate supervision
  • unsafe living conditions
  • a medical condition that makes it impossible for the parent to adequately care for the child



The child should be removed from an unsafe situation and the non-custodial parent should request temporary physical custody.

If you do not have a lawyer you can go to the court in your state and get a emergency temporary order for custody, but be prepared to have compelling proof of the unsafe conditions in the custodial parents home. Child endangerment is a primary concern to the courts. A parent can be deemed unfit for not providing a safe environment. You must provide as much evidence as possible to compel the court to take action. You should hire an attorney who specializes in custody issues in order to get the best outcome.

The factors used to determine that a parent is unfit are generally governed by state laws with child endangerment being the determining factor. The following include some of the reasons a parent may be declared unfit:

  • physical, emotional and sexual abuse
  • excessive discipline
  • failure to protect the child from abuse by others
  • failure to report abuse of the child
  • neglect- failure to provide food, clothing, proper hygiene, necessary medical treatment, schooling
  • failure to provide proper medical care
  • failure to provide day to day parental care
  • serious illness or disability
  • mental illness
  • substance abuse or addiction
  • alcoholism
  • criminal activity and/or associations
  • incarceration
  • conduct or conditions that are seriously detrimental to the child
  • abandonment
  • child endangerment
  • leaving the child unattended or in the care and supervision of a child or otherwise incompetent person
  • a failure to provide adequate supervision
  • unsafe living conditions
  • a medical condition that makes it impossible for the parent to adequately care for the child
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Custody
Children and the Law
Child Support

Can you still get child support if the father doesn't work but owns property?

This suggests that the father has some income from that property and therefore some ability to support the child[ren].

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Custody
Child Support
Narcissism

How dangerous is a narcissistic parent with joint custody?

If he is a true narcissist he hates children. The risk of abuse - physical, psychological, and even sexual - is considerable. My book: "Malignant Self Love - Narcissism Revisited" (c) 2003 Lidija Rangelovska Narcissus Publications

I think if the narcissist is the kind who receives narcissistic supply by basking in the glow of others, for instance his children, he can be okay as a parent provided the children are beautiful, high-achieving or posses attributes that the narcissist perceives as a positive reflection on him. A potential problem arises in adolescence, however, when children seek to differentiate themselves from their parents and are rejecting of their parents. At this point, I think the narcissist is likely to de-throne i.e. stop idealizing the child, and start devaluing the child. Best not to have children with them.

I have 5 children, 3 of whom are my dh's. I had to send my oldest to live with his father when he hit adolesence for his own protection. He comes to live with me on holidays and weekends. The only way to keep my dh from harming him, physically, psychologically, etc, is to threaten him. I have told him that if he ever touches him, I will call the police and have him thrown in jail in a heartbeat. He is scared to be exposed and for all to know that he is less than perfect, so this works. I also threatened this after he hit me once 4 yr ago when I was pregnant with baby #4. He has not hit me since, although he threatens to and tells me I should be hit to teach me to control myself. He thinks that spanking is the only form of discipline. One of the reasons why I don't leave him is because if he is alone with them, joint custody, I cannot protect them. With us living together, I can counter the harm he causes. A part of me hopes that he will do something that will cause me to be able to get full custody of the kids when I leave so that I don't have to leave them alone with him.

In short, a narcissist having custody of a child for half the time would be a bad idea. Keep a log and record conversations so that you have evidence when the time comes.

Whoever you are - please do not stay in the marriage thinking that you are protecting or diluting the harm done by dh. I am separated from my husband (NPD) in April shortly after finding him in bed with another woman (who had had an abortion just 7 days earlier - someone else's). Your children will be better off without that influence...you are only one person and unfortunantely your children learn more by example and what you are teaching them is that it is okay to put up with it. Not to mention the example you are showing of unnecessary self sacrifice and lack of self respect by tolerating that sort of environment. Believe me, God will protect you and provide for you. My mother made the same mistake and thought she was protecting us from my abusive NPD father's tactics...but I wound up marrying one...though not physically abusive. The damage is psychological and will affect there core self-esteem and abilities to make sound decisions and choices when it comes to people.

They will expose all the nasty bits about the spouse to the kids. That spouse in return is doing the same thing because he/she has just left the nastiest person they have ever known and can't help but expose them. My narcissist's spouse can be quite 'off' with the kids because they defend their dad to the hilt. This is because he has worked on them in his narcissist way.

If you give in to the N they will take an arm and a leg too, with as much concern as you have about rendering a turkey carcass into soup. I left my N 12 years ago, had no problem getting sole custody after his behaviour. I have tried to be a good person throughout, lots of access and involvement, not harping on about the unpaid child support. Not knowing that I was dealing with a mentally unhealthy person, I thought, well at least he's not alcoholic. And when you think everything is peachy-keen and everyone's moved on, you discover that this person has been a busy busy bee, working away behind your back... It has taken me a year of fighting to get any say in my son's life again. His dad made a complaint that we were physically abusing my son and transferred him to another school and then they told me it was my son's decision and I should go along with it. Then things began to descend into madness. Calls from social services, calls from the RCMP, death threats from my son; my 12 year-old offering to sue me for his Gamecube and then I find out that this man pulled his kid out of school and then lied - to his own kid, telling him he had been kicked out!....separated my 12 year old boy from friends, family and peers, away from all sports or social activity, rotting in a one bedroom apartment... and then I went through a lunatic merry-go-round trying to involve the school, social services, the police, anyone to look at the situation. This with full custody, SOLE guardianship, 2 police enforcement orders and a deadbeat dad with no formal education. I have had to explain countless times that I can't go to court for visitation rights! I have custody! Finally, now that my kid is in psychiatric care and the hospital brought in a team of lawyers, now that I have taken this the whole way to our MLA (member of legislature) and put social services on the line for their past mistakes, now I am finally getting some recognition as the parent willing and able to act in my son's best interests. It has been a long road. Never leave yourself open with narcissists; they are deviant way beyond anything a normal thought process can anticipate and they will NOT change unless maybe with years of therapy. Your child doesn't have years.

The narcissistic parent (NP) will generally badmouth the other parent, and will try to turn the children against them. My father almost succeeded with my younger brother, but fortunately, my mother, siblings, and I were able to help him. The NP will also badmouth the siblings who don't buy into his false presentation. Common phrases used are "don't tell your mother, but..." or "don't tell your sister/brother, but..." or "don't tell ______that I said this, but he/she is ______."

The best course of action (speaking from experience) is to minimize contact and explain to your children what narcissism is.

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Custody
Drug Addiction

Can a mother lose custody is she is a drug addict?

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Custody
Relationships

Are there any sister rights laws. Can the mom keep the sisters from seeing each other?

The person with custodial responsibilities has control if all do not live in the same household.

If one sister is under the custody of the mother, then the mother has the right to control who she sees, including sisters who are not living in the same household. There are no laws specifically dealing with visitation rights of sisters.

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Custody
Children and the Law
Child Support

In Arizona if you sign over your rights to your child will you still have to pay child support?

Yes, until/unless the child is adopted.

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Custody
Children and the Law
Emancipation and Ages for Moving Out

How old do you have to be to move out in Missouri if you have a very manipulative father willing to do anything that he can to keep you in his custody and you will be 17 in the next month?

Choosing to make it on your own at a young age should be a last resort. If you are in an abusive or neglectful household, something needs to be done about it and moving out might be a great option. Or, maybe you're better off in Foster Care. It's hard to say without the details of your situation.

Regardless of your personal situation -- and before you make a decision --anyone considering going out on his/her own at a young age needs to find a responsible, caring and trustworthy adult with whom you can discuss the situation and seek guidance. That person might be another family member, a school counselor, someone at your church, a bff's parent(s), etc. And if there is simply no one you can trust, look up the phone number for a "family law attorney" and call. Tell them what you need and someone will help (for free).

More comments:

To move out of your house without parental consent, your choices are limited -- but there are ways to do it legally and without risk of ending up in trouble as a "run-away".

You may have heard about becoming "emancipated" which means the court declares you to be a legal adult before you reach the age of majority. In Missouri, 18 is the age of majority. Technically, a minor can be declared emancipated in one of three ways:

1) Your parents give express consent to a court that they are waiving their parental rights;

2) Your parents are deemed to give implied consent. For example, if you've already been living on your own, supporting yourself, getting an education, and staying out of trouble -- and you're doing it on your own -- a court will likely deem that your parents consented to your emancipation by implication; or

3) There is a significant change in your social status, such as an enlistment in the military or marriage (which requires parental consent if you are 17 or younger, in most states).

You'll notice -- if you read closely -- that for the implied consent option (#2), the minor has already been living on their own. Most kids want to know how to make that happen, and, in fact, that is most often how a minor becomes emancipated. One other legal note: Most kids who move out before reaching the age of majority are never given consent, and never get a formal declaration of emancipation from the courts. They just do it.

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