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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.
8,869 Questions
Do you need consent from both parents to get guardianship of a minor?
The person seeking guardianship must petition the court with reason and evidentiary documents as to why guardianship is necessary and why they are qualified to be appointed the legal guardian of the minor in question. Both biological parents must voluntarily relinquish their parental rights and agree to the guardianship or the court must terminate parental rights of both or of the parent who does not wish to give up his or her rights to their child.
Can your pregnant ex wife get in trouble for not going to the doctor?
Usually not. In most states from what iv been told! Cause a unborn child has no rights, So if she chooses not to see a doctor that's her descion. But.. If something was to happen to the child (after birth) as a result of her not seeing a doctor, Im pretty sure the state can file charges on her.
Is noncustodial parent in contempt when missing visitation?
If the visitation is court ordered and the non-compliant parent can provide no compelling and acceptable reasons why they are not adhering, yes.
What age can a child decide what parent they want to live with in CT?
Only Texas has that law, but with significant restrictions. In all other states, it's a case by case basis, with the Judge interpreting the maturity of the child, and their intent, but this still does not override other evidence in the child's best interest. It's just a piece of the evidence.
see links below for additional info
if you are refering to the child's home state/county, then the answer is yes. for example, you cannot move the child to another county, or state and petition that county court, or state court for custody rights.
Can a father who isn't on a child's birth certificate take them from the birth mother?
United States
First let's clear the question of legal authority: a father cannot "take" children from their mother. Laws that allowed that degree of authority by a man over a woman have been off the books since at least the nineteenth century.
You have not mentioned marital status, whether the father's paternity has been established legally or if there are any existing court orders. It will be assumed the parents are not married. The presence or absence of a name on a birth certificate is not a deciding factor since paternity can be established by a DNA test irrespective of the information, or lack thereof, on a birth certificate.
An unmarried father has no right to keep the child from her mother unless there is a court order to that effect. He has no personal legal authority to keep the child. In the absence of any order, if he takes the child and fails to return the child to the mother she should call the police.
Generally, if the parents are unmarried 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 establish his paternity by signing the birth certificate at the time of birth (waiving DNA testing rights) which must be done with mother's consent.
If he doesn't sign the birth certificate then he must seek another way to establish his paternity and that is done through a DNA test. A paternity test can be arranged through the court. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.
Why doesn't your birth certificate have any parents names on it?
Generally, a birth certificate includes the father's name only if that man has signed an acknowlegment of paternity.
== == See a lawyer and start the process of getting your visitation rights sorted. Often the parents try counseling to come to an amicable arrangement which then legally gets written up and if that doesn't work then you can go to court to get visitation rights sorted. Make sure you keep a detailed log book about all the times you ask to see your daughter and get declined, and any other information that may be helpful in your case to see your daughter. Start saving money though as it is often a very drawn out process and costs a lot of money. Do not give up and try not to get disheartened as often this is what the mother wants in hope you will just 'go away' - Remember there are a lot of fathers in your same position if you ever need support. Your daughter is worth it, and she loves you.
Best of luck
If there is a court order outlining visitation privileges, the custodial parent must allow the non-cutodial parent those rights. If there is no court order, then it would be advisable to obtain a petition of vistation. If the custodial parent refuses a court ordered visitation, he/she can be held in contempt by the judge that issued the order. How the parents feel about each other is irrelevant as to parental rights. It is, however, in the best interest of the child/children, a "friendly" compromise is found.
How can you get guardianship of your elderly grandmother?
You will need an attorney well versed in family and custodial law. There will have to be a good reason, like both biological/custodial parents being unfit to raise the child.
How can a father win custody rights over the mother?
In most cases the father can get custody of the child if the mother is unfit. The courts want the child to be in the custody of the parent who can provide a safe and nurturing life for the child. It is best to seek the legal assistance of a lawyer for custody issues.
How old does a child in South Dakota have to be to choose to move out of a parental home?
To file a petition for declaration of emancipation in the state of South Dakota, a minor must be at least 16 years old.
How can you get your parental rights back?
General advice follows:
To request the expungement of an offense from your STATE (not Federal) criminal record: You must have been exonerated, acquited, or served the complete term of your sentence - then you must file a petition/motion with the court of the state in which you were convicted (which may not necessarily be your current state of residence) - setting forth valid reason(s) why your request should be granted. A judge of that court will review your petition and the circumstances of your case and issue a ruling either granting or denying the request. AN EXPUNGEMENT IS NOT A PARDON! Expungement only removes the record of your offense from being viewable by the public. Law enforcement, the courts, and government agencies will always have access to your actual 'true' record.
FELONS CONVICTED IN STATE COURT OF STATE CRIMES: If your expungement is granted you will still remain subject to whatever restrictions your state and federal laws place on you (e.g.- voting rights - elective office - firearms/ammunition possession - etc). UNLESS - you are a resident of a state which completely or partially restores your "privileges" (you will have to do your own research to learn if these exceptions apply to your state).
FEDERALLY CONVICTED FELONS: CAUTION: If you were convicted in FEDERAL Court of a FEDERAL FELONY regardless of what your state may do, it will not matter. It is a felony offense for any federally convicted felon to ever own or possess a firearm (including black powder arms). The U.S. Criminal Code, makes the penalty for the illegal possession of a firearm (including black powder weapons) a mandatory minimum of fifteen (15) years in prison, in some cases (Title 18 U.S.C. sec 924(e)(1). At this time FEDERALLY convicted felons have no solution to their firearm disqualification. Congress has continually denied funds this purpose, thereby effectively eliminating the review of federal felons' petitions for restoration of their firearms privileges.
What type of family issues do same sex parents face?
Some of the family issues affecting same-sex parents are lack of community support and acceptance. Discrimination against the parents and sometimes children, is for many, the largest hurdle. There is often a fear of bullying of the child and a need to educate the child in how to handle prejudices is considered necessary to reduce or eliminate stressors to the child. Additionally, there can be a fear of losing custody if the children came from a prior heterosexual relationship. Furthermore, same-sex parents also face the same family issues as heterosexual couples raising children.
How do terminate a father's rights in new york state?
By not being a d*bag and helping the father and child to establish a relationship.
Does a parent need permission to take a minor child out of the state of New Jersey?
If relocating, yes.
Would it be considered stealing if you took back what was yours to begin with?
i would think that you and the person who stole from you would both get in some sort of trouble with the law. remember the cops don't know that they stole your property. but if you tell the cops they will most likely just get it back for you. legal or not i wouldn't try it.
Do you have to pay child support if you sign over parental rights?
Depends on if you live in a state where you can "sign over your rights." In some states/courts agreements between parents where one parent says "I relinquish my rights" is meaningless. However, adoption will typically relieve you of any future support obligation but all arrearage will remain (unless waived).
What does a parent have to provide for a minor?
Parents are expected to provide several basic things for their minor children. Specifically, parents should give their child a safe home to live in, healthy foods to eat, and clean clothes to wear.
How long does temp-child custody last?
Temporary child custody lasts for as long as it takes to have a final order put into place by the court. If you have never taken the matter to court, then what you actually have is called defacto custody.
Can a parent still receive child support check if that child moved out?
Are you sending the money to the child or the guardian of the child? Is the child 18 or older? If you aren't doing this you can't keep the money.
If the child is still dependent on you for their financial support, say while they are going to school. Otherwise, usually not, the support is intended for the child's up keep. One exception may be if the move is only temporary and you are maintaining a residence where the child will be returning to after a limited time away.
In Tn what age can a child tell the judge who they want to live with?
Only Indiana and Texas has laws setting out a specific age at which a child can make a choice the court is requiredto abide by, and even than there are some limitations. With those states, it is age 14. In all other states, the general rule of thumb is that a 12 year old can express and opinion, however the judge is under not legal obligation to consider, or even hear it. In either case, a motion to the court must be filed for a determination to be made. However, the child should be informed that there are alternatives to choosing to live with just one parent. The child should also be advised they can express a choice that they remain in one home and each parent can live with them for a designated period of time, than switch. This is called Bird Nest Custody.
Check link below for more info.What if you dont sign a birth certificate?
Go to your local court house in vital records they will print one off for you right their for 15 Dollars
What age can you decide who you want to live with in Tennessee?
The truth is that a child has no legal right to choose which parent he or she wants to live with. They are legally minors dependent upon their parents. The truth is it will vary from case to case.
She already has it by default
see link below
In all 50 US states the law presumes that an unmarried birth mother retains sole custodial rights to a child until the court rules otherwise. This applies to minors as well as to adults.
Generally, if the parents are unmarried the mother has sole custody and control 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 can establish his paternity through a DNA test. A paternity test can be arranged through the court. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.
