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

Can an unmarried mother keep child from father?

It would depend on the circumstances. If the father signed the birth certificate then he automatically has rights and can take you to court for those rights. If he's not on the birth certificate, he will have to ask the court to order a paternity test, he will probably have to pay for it, depending on the state laws, and if it shows he is the father, then again, he can take you to court for visitation rights.

If you are married to the person, they are on the birth certificate and you split up, without a parenting plan, in place ordered by the court, there really isn't much he can do if you do not let him see his child, until he takes you in to court.

For your child's sake, do everything in your power to make peace w/ and work together w/the father of your child. When the parents battle against each other, especially in front of their child it TRULY effects your CHILD'S self-image, self-esteem and they become confused about who they are suppose to be.

249250251
Custody

Can a child refuse visitation with a parent in North Carolina?

yes

239240241
Custody
Child Support
Student Loans and Financial Aid

How much child support do you pay in Tennessee if you are a full time student making zero money?

Probably zero; however, the court may require you to look for work.

I am a single mother and my kids were awarded to my ex due to me living out of state, and i was unemployed and in our divorce I was ordered to pay 368 a month for 2 kids in Tennessee. If you are unemployed they determine your child support "INCOME" amount based on the current minimum wage. Then they combined both incomes and take a percentage of the adjusted combined incomes of both parents.

239240241
Custody
Children and the Law
Child Support

Can a mother or father file for child support in two states?

Only one venue may have jurisdiction over a child support matter at any one time. (However, multiple States may enforce an existing order.) The case is typically filed in the State where the child currently resides.

237238239
Custody
Law & Legal Issues
Australia Law and Legal Issues

How do you expose narcissism in court during a custody battle?

The following are suggestions from contributors:

Here are a few of the things the narcissist finds devastating, especially in a court of law, for instance during a deposition:

  • Any statement or fact, which seems to contradict his inflated perception of his grandiose self.
  • Any criticism, disagreement, exposure of fake achievements, belittling of "talents and skills" which the narcissist fantasizes that he possesses, any hint that he is subordinated, subjugated, controlled, owned or dependent upon a third party.
  • Any description of the narcissist as average and common, indistinguishable from many others.
  • Any hint that the narcissist is weak, needy, dependent, deficient, slow, not intelligent, naive, gullible, susceptible, not in the know, manipulated, a victim.

The narcissist is likely to react with rage to all these and, in an effort to re-establish his fantastic grandiosity, he is likely to expose facts and stratagems he had no conscious intention of exposing. The narcissist reacts with narcissistic rage, hatred, aggression, or violence to an infringement of what he perceives to be his entitlement. Any insinuation, hint, intimation, or direct declaration that the narcissist is not special at all, that he is average, common, not even sufficiently idiosyncratic to warrant a fleeting interest will inflame the narcissist.

Tell the narcissist that he does not deserve the best treatment, that his needs are not everyone's priority, that he is boring, that his needs can be catered to by an average practitioner (medical doctor, accountant, lawyer, psychiatrist), that he and his motives are transparent and can be easily gauged, that he will do what he is told, that his temper tantrums will not be tolerated, that no special concessions will be made to accommodate his inflated sense of self, that he is subject to court procedures, etc. - and the narcissist will lose control.

Contradict, expose, humiliate, and berate the narcissist. Document every incident completely - behavior, late arrivals, injuries, neglect, threats, rages, etc. This makes it more difficult for them to continue making up more stories to explain away the behavior. We focused on specific behaviors or lack of. Research and then document. Facts and truth are best weapons against a Narcissist.

234235236
Custody
Rules of the Road

If you have the right of way what do you do?

Proceed as soon as it is safe to do so.

231232233
Custody
Family
Divorce

How does joint custody affect children?

Opinions from contributors:

The critical factor appears to be conflict between parents. With relatively little conflict between parents, joint custody is associated with better outcomes for children.

Joint custody is not all as pleasant as it seems. Some kids don't really care, but for kids like me who are use to being around both of my parents it is really hard to deal with. I am 17 and my parents got a divorce about 2 years ago. Since then I hardly ever see my dad even though my parents have joint custody. If my mom gets mad at my dad then she won't let us (my little sister, little brother,and me) go and spend time with him. She says that she only does it because she wants to make sure that he doesn't try to hurt us in any way, but I don't think that is the case. This also goes the same for my dad. If he gets mad at my mom he won't spend time with us he will just make up excuses. He does it to try and hurt my moms feelings but he is really hurting us. Going from one house to another is not fun either. Because you have to let your friends or any one wants to see you who house your staying at and that is a pain in the butt. So all these experts think they know every thing but they don't because half of them have never been in a situation like us kids have to go through.

It is easy to find research supporting both sides of this question. Joint custody (50/50) sounds great in theory but is difficult and often harmful to the child. Living in two different places makes it difficult for the child to find the stability they need. Where do they call home? It also takes two parents working together 100% of the time to establish consistent rules, moral values, and even things as simple as bedtimes. True joint custody may be appropriate in those cases where the parents stay good friends and divorce on good terms. In my case, my wife left the kids and I for a much younger lifestyle that is not kid friendly. I am so thankful I was awarded primary physical custody. Joint custody would not be in the best interest of the kids. I find it hard enough to deal with my ex-wife allowing our 4 and 8 year old stay up past midnight, watching R-rated movies with them, and trying to be more of a cool friend than a mom. It would be so much worse if custody was on a 50/50 basis.

Joint custody is the ideal when it is amicable. If all parents would behave in the way a responsible adult should, it would be a much happier and peaceful environment for children who have no choice in the matter.

204205206
  • User Avatar
  • 2 more answers
Custody
Children and Divorce

How old does a child have to be to stop visitation with noncustodial parent in TX?

For our daughter it was 18 years of age. or he or she can become emancipated at 16 years of age through family court.. which in terms deems the minor an adult. The person is no longer required to visit non custodial parent.

221222223
Custody
Children and the Law
Child Support

How much child support if father is unemployed?

In general, child support is a percentage of net income. Child support can be garnished from Unemployment Insurance Benefits.

219220221
Custody
Children and the Law
Child Support

How does a father lose his rights?

Any parent risks losing his or her custodial rights over their children if it is proved they have abused or neglected those children, or because of other substantiated indications they are unable to function appropriately as a custodial parent.

As with all other legal applications, allegations against any parent must be proved to the satisfaction of legislation under which that parent has been awarded custodial rights.

To look at specific cases in your area, contact your local justice department or legal aid service.

They will also be able to help you clarify the rights and responsibilities of all parents towards their children, as well as the legal situation with respect to custodial parents.

It is better to speak with professionals in this area than to listen to tales from non-professionals which, because you've no way of knowing the true facts in cases described to you by individuals, can be misleading; sometimes dangerously so.

As a rule of thumb, treat children - and other people with whom you come into contact - with respect. Your children are the important factor here, and if you provide the best environment you possibly can, and be the best parent you can be, there should be no problems.

213214215
Custody
Child Support

If you have sole physical custody do you need the joint legal custodian's consent to travel overseas?

A certified letter must be sent to either parent requesting the travel. Information must include dates of travel and the purpose of travel. EX: taking cruise vacation, 4-11-2009 thru 4-18-09. Child will return to residence on ending date. The recipient must respond within 30 days. However, either parent traveling must provide legal documentation as to relation to the child.

In answer to your question about needing consent fron the joint legal parent in order to travel abroad, I am also in the same situation. I contacted the national US passport office and I was unfortunately informed that "yes" if you have joint legal custody and sole physical custody, you will still needed to get consent from the other parent.

For background info see CA Family Law code 3048

http://www.steveshorr.com/MATTERS_CONSIDERED_IN_GRANTING_CUSTODY.htm#Foreign%20Travel

I was very sad to see the last response to your question. I am also in the same situation. I have been told that one can write to the Judge who issued a person's dissolution and ask for an Order allowing the child to travel out of the U.S., listing the dates of travel. I do not know if this is true. I have only begun to explore possible options. I guess that "might" be an option to check into. It is frustrating though, that every time a person would like to travel (to Canada for instance, if close to the boarder) one would need to seek permission from the court,then. My Ex has been MIA for over four years.

If your child does not yet have a passport, or when you renew the passport, the ex-spouse can either 1) appear with you at the local passport office or 2) sign a form the office will give you explaining why he/she is unable to appear, but agreeing to the passport issuance. If you cannot do either of these, I was told by the office that a local judge can give you permission for the travel if you fill out this same form explaining why your spouse is unwilling or unable to appear and agree to the issuance of the passport.

209210211
Custody
New York

Can you move out at 17 in New York?

Moving out at 17The legal age of majority in New York state is 18. You will not be able to move out at 17 without parental consent. It will not matter what city you live in.

Here is more input and advice:

  • New York does not have an emancipation statue. You are considered to be emancipated if you have married or have joined the military, but both of those things would require parental consent.
  • If a minor (anyone under the age of 18) leaves home without parental consent, they can be reported as a runaway. Anyone who takes you in could also be facing charges for doing so.
  • The legal age in NY, as in most of the states is 18. However, emancipation of a minor is easier in New York than in some states. If you don't get any financial assistance from your parents and your parents say they will give up their parental rights, you can be emancipated. There is no official procedure.
  • A 17-year old is a minor and your parents have the right to decide where you live. If you leave home without their permission, they can report you as a runaway and have you picked up by the authorities and returned home. The state of New York does not have an emancipation statue. You could be considered to be emancipated if you are 16 or older, self supporting, and reside independently from your parents. But the key is that your parents have to allow it.
198199200
Custody
Divorce and Marriage Law

Can my wife keep my children away from me when we don't have a custody agreement?

Yes, she can. You would have to get a court order. Otherwise, you could try to reach an agreement where the children can come visit--best without coercion in terms of support and in response to her specific requirements, if reasonable.

203204205
Custody
Child Support

What is joint custody?

There are two kinds of joint custody: legal and physical.

Joint legal custody gives the non-residential parent the right to participate in parental decision making such as major decisions about the children's upbringing, education and to view medical and school records. (In the traditional sole custody arrangement, the non-custodial parent is legally equivalent to a stranger regarding parental decision making.) Joint legal custody does not affect the child's living arrangements. Often it is granted with the traditional residence arrangement, in which the child lives with one parent but the other parent has an equal right to be included in parental decision making. A visitation schedule allows for scheduled visits with the non-residential parent.

With joint physical custody, the child spends substantial time living with each parent, sometimes on an alternating week basis or some other arrangement established by agreement of the parents.

Joint custody only works with parents who have a congenial relationship and are able to work well together. Judges are reluctant to award joint legal custody to parents who do not get along well with each other since every decision may be met with arguments that will only increase stress for the children and the parent with physical custody.

201202203
Custody
Divorce and Marriage Law
Child Support

Will a court take into account your new spouse's income when determining child support?

In the state of Georgia, both parents income is considered in determining child support. If Dad must pay CS, his spouse's income is calculated in determing amount to be paid.

AnswerFrom what I know, it is only the father's income that matters. Your income shouldn't matter at all. But if the court decides it does, then your husband's income would be included, because you are a family now. Answerto my understanding, your husband's income should have nothing to do with your child support. the child support is for your child and you ex has a responsibility to that child. whatever your husband contributes is extra and really none of your ex's business AnswerI can personally attest to the fact that a new spouses income should and usually does not come into play in any way as the new spouse has no ties to you and your ex's children unless the new spouse adopts your children and then that may be a different situation.

Usually the only time a new spouses income comes into play would be if new spouse if very well off and you are not working outsid of the home and have access to new spouses $$. You and new spouse are living in excess (new cars, new houses, vacations). Then the courts may take all of this into light and reduce some child support.

I would suggest if you are worried about a new spouses income may affect your child support that you keep all $$ separate, accounts etc. so that if the question does arise you can show a clear deliniation of $$$.

I know all this is a pain but some ex's paying support think that because you remarry well that somehow this entitles them to a reduction in support for your children.

Keep $$ separate is what I say and it will help out alot when the ex drags you to court trying to show that "you" (actually your children) don't need to be supported by "dad or mom" any more because stepdad or mom is loaded. The nerve of some people...

AnswerIt depends on State law. In Oklahoma, the new spouse's income is immaterial. In Washington State, the new spouse's income is included. You need to check your state law.
198199200
Custody
Child Support
Age of Consent & Underage Relationships

Is joint custody possible if the parents were never married?

Anything is possible if it is in the "best interests of the Child," and both parents are cooperating to ensure this is the result. In Britain if you are an unmarried mother you may confer "Parental Responsibility" on to your partner, if he wishes to assume it. * Joint custody should always be based on what is best for the child. If both the parents get along, there is no domestic violence or other form of abuse hopefully they both will agree to what is best for the child. * In custodial issues relating to unmarried couples, judges are reluctant to grant equal custodial rights to fathers and prefer to follow the "tender-years" theory which is that the birth mother should retain full or sole custody with the father having generous vistation rights. If the parents cannot come to an amicable and equitable agreement on their own, the judge will decide how custody should be granted based only on the best interest of the child.

200201202
Children and Divorce
Custody

How do you prove a mother unfit in Illinois And does her moving the kids over 26 times in 6 years count against her she has also had 2 more failed marriages one of which ended badly?

I don't think the failed marriages would make her an unfit mother. But for her to move 26 times in 6 years indicates a lack of stability for the kids, which could help in proving her an unfit mother.

But there will most likely have to be more to it than just her moving in order for her to be declared unfit. Does she drink excessively or do drugs? Does she neglect the children? Does she abuse them in any way? Has she ever allowed her two other husbands to abuse them? Does she allow different men to spend the night while the kids are hom? Those are only some of the issues that would come into play in having her declared unfit.

If I'm not mistaken, I think the burden of proof would be on you to prove she is unfit, rather than her proving she is not unfit. So if I were you, I would gather as much information as possible, even talking to any family members or friends of hers to see how much information you can get from them. Just keep in mind that some of them (if not most or even all) will be reluctant to help you prove her to be an unfit mother. So it may be best to approach them in a friendly, but discreet manner, not letting them know whyyou are asking them any questions.

If you really believe she is unfit, then you could also hire a private detective to watch her for a while. If you can't afford to do so, then you may want consider going there and watching her (and taking photos) yourself, and maybe even get a relative or trusted friend to help you if you can't spend enough time doing it due to your job, distance, etc.

And (assuming you are the father or another close relative) you can always visit the kids and talk to them. They can provide a wealth of information, just be careful in how you ask them. You don't want to approach them in a manner that will make them afraid to answer, or afraid they may get their mom or themselves in trouble. And you certainly don't want to get them involved in your case against her, as this would be putting them in the middle of something over which they have no control.

If all of this fails, then you need to talk to an attorney who can further advise you.

199200201
Custody
Children and the Law
Estates

Who is next of kin to minor children of divorced parents if legal guardian is in an accident or something of that manor?

You need to add more details. The parents are divorced. The child has a "legal guardian" rather than being in custody of the custodial parent. The child may have another living parent. The court would need to appoint a legal guardian or custody to the other parent. Your question leaves too many questions unanswered. You can add more details on the discussion page.

197198199
Custody
Children and the Law

How can you get sole physical custody?

The first thing you need is hard proof that your child would be in danger when he is left with his father, witnesses, police reports of past incodents, you can even ask for supervised visitations, so your child will never be alone with the father. Good luck!

I have temp custody of my cousin who is 10 months old I have had her in my home for 7 months now both parents are in jail, I want full custody of her due to the fact the child is at high risk, with violence and neglect in the home, both grandparents are drug users, and been in trouble with the law. they do not help finicially take care of her nor do they see her but every 3 months are so 1 visit. I know longer know what to do? can you help?

195196197
Custody

What happened to mr.meter when mrs.meters mother flew in for a visit?

He Was centimeter

969798
  • User Avatar
  • User Avatar
  • 6 more answers
Custody
Children and the Law
Child Support

Do retired fathers have to pay child support?

if the child is still at the age to where child support is needed than it doesn't matter if the father is retired.

191192193
Custody
Child Support

How do you write a court motion for visitation?

see link below

189190191
Custody
Children and the Law
Child Support

What is the difference between primary physical custody and sole custody?

Primary physical custody refers to the parent with whom the child resides with the majority of the time but, joint custody has been granted. Sole custody is when the child resides solely with the named parent giving that parent the legal right to make all decisions (medical, educational, etc.) concerning the child. Sole custody does not mean the non custodial parent can be denied the rights of parental visitation.

β€’ In my case, I have primary custody AND sole legal cstody. Being primary custody gives the father the right to make a decision in the event of an emergency, but that's about it. It basically means the father can see the child and take hher out of my home. But, because I have sole legal, he cannot make any decisions concerning anything religious, medical, educational, etc. Having sole legal gives me the right to get her a passport without his permission as well! Sole/Primary/Joint custody essentially just determines where the child lives and who the main care-taker is. It is "legal custody" that determines the right to make decisions.

170171172
Custody
Children and the Law

Can a parent with sole custody move out of the country without the consent of the other parent?

The parent cannot move without consent if the non-custodial parent has visitation rights. The custodial parent needs the consent of the NC parent or if that's not forthcoming the consent of the court that has jurisdiction.

168169170
  • User Avatar
  • 2 more answers
Custody
Children and the Law
Child Support

How do courts determine when to award joint custody?

There is a great degree of variation among states. Joint legal custody is routine in some states, but joint physical custody is not, and the factors considered by the court for joint physical custody vary significantly among states. Anyone considering joint custody should contact a local attorney regarding this question. About 90% of divorce cases are settled out of court, though, and most joint custody is established this way. Judges will rarely change an arrangement that has been established by the parents.

The legal status of joint custody may eventually change. Supreme Court decisions have found parental rights to be guaranteed by the Constitution. Because a fundamental right cannot be denied without a compelling state interest that cannot be achieved by any less restrictive means, some legal scholars believe that, in the absence of abuse or neglect, parents have a right to both legal and physical joint custody (Canackos, 1981; Robinson, 1985). This theory has not been tested in court.

[This answer was excerpted from "Questions and s About Joint Custody" by Rick Kuhn.]

References:

Canacakos, Ellen. "Joint Custody as a Fundamental Right", Arizona Law Review, Vol. 23, 1981.

Robinson, Holly. "Joint Custody: Constitutional Imperatives", University of Cincinnati Law Review, 1985.

188189190

Copyright Β© 2020 Multiply Media, LLC. All Rights Reserved. The material on this site can not be reproduced, distributed, transmitted, cached or otherwise used, except with prior written permission of Multiply.