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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
How old does a child have to be to live with their grandparents in the state of Illinois?
I don't think it's entirely up to the child where they live until maybe about age 17 in Illinois. Placement usually depends on what the courts believe is in the best interest of the child though sometimes they allow input from the child.
How old does a child have to be in South Carolina to decide which parent they want to live with?
It's usually the courts that decide which parent will have the child(ren) live with them. It's much more complicated that you are able to understand. Never fear, both parents love you very much, but sometimes, either the mother or father has a career, they could be poor and the father/mother can't afford to have someone look after you. Until you are of legal age you have to have a sitter. Try sitting down with both parents and tell them how you feel. Perhaps they can figure out something that you will be happy with. These are not reasons to leave: House rules Having to do chores Getting good grades in school Not staying out all night Not doing drugs or drinking too much Being cheeky to your parents If these are some of the reasons you want to leave, then grow up! Everyone has a job to do and you are no different. Why shouldn't you help out with chores? Be lucky you have parents at all because so many kids don't. If you think it's wonderful living out on your own or moving from one parent to the other you are in for a big surprise. Talk to your parents!
Can a mother lose custody is she is a drug addict?
to be honst it all depends im in rolled @ Bryant&stratton for crimanl justice nd think she woul need prof of you using drugs and ifyou wanted you can voltier to take a drug test just to make youre self look good like they always said incoint until proven gulity
Answerto be honst it all depends im in rolled @ Bryant&stratton for crimanl justice nd think she woul need prof of you using drugs and ifyou wanted you can voltier to take a drug test just to make youre self look good like they always said incoint until proven gulity Answerto be honst it all depends im in rolled @ Bryant&stratton for crimanl justice nd think she woul need prof of you using drugs and ifyou wanted you can voltier to take a drug test just to make youre self look good like they always said incoint until proven gulityParents have joint custody. Can a 12 year old chose which parent to live with in Oklahoma?
Minors are not allowed to decide I'm afraid.
How can a mother win full custody?
If you have custody of your child and you want to give full custody back to the mother, you need to file new papers with the court. The papers will make the change in custody legal. There does not need to be a trial when both parents agree on what's best for the child unless the mother was found to be unfit.
Do you need the mother's consent to sign over parental rights?
It's possible (though not likely) that the court will allow you to terminate your parental rights without Mom's consent. However, in that event, you would still be required to pay child support. The requirements to voluntary relinquish parental rights is determined by state laws. A biological parent can usually file a petition in the proper court venue w/o the other parent agreeing, however that person will be notified of by the court of the pending action. The petitioner must meet state TPR requirements before a judge will review and rule on the request. In some states partial rights might be terminated while others such as support remain valid. Such cases are generally adjudicated on an individual basis.
What age is legal for your child to be home alone during the day in the state of Illinois?
18 ... seriously, any parent who leaves their children unattended in any car for any duration of time shoudn't be having kids in the first place. Children can (and are) be kidnapped in a matter of seconds ... this is dangerous to even consider, it is also stupid. There are very few states in the U.S. with legal minimum ages for children home alone, but many state agencies have published guidelines. Georgia, Illiniois, Maryland and Oregon are a few of the states with specific ages mentioned in their laws.
12 years of age appears to be the most common recommendation. Below in Related Links is an article entitled Home Alone Children Legal Age Limits state by state comparison with references.
One guideline from a California child welfare representative suggests that 8 year olds and over can be left at home for a brief amount of time(such as just after school). The most common statement is that a child's maturity should be the determining factor and not just age.
Do siblings have custody rights if mother dies?
If married, and not living in Kansas. If the mother had a custody order, and first right of refusal is not declared in the orders, he will need to file a custody challenge against her parents. Kansas has an old law that does not allow widowers to have custody of young children. The maternal grandparents can take them.
Can a child choose whom they live with?
Once a person is adopted, all legal rights between the biological parents and their child are severed. An adopted child has no legal right to choose to live with their biological parents. The adoptive parents could informally agree to allow the biological parents to have custody of the child but there can be all kinds of legal ramifications that flow from that, especially if the biological parents do not want to give the child back and the adoptive parents want physical custody back.
Can a child age 15 choose to live with grandparents if they he cant get along with his mother?
The first choice needs to be a separated father, but a teens point of view on "getting along" is often skewed. They interpret fact and events from their limited life experience. Worse, at age 15, that magical age of 18 and being an adult to all encompassing. They think of themselves as almost adults, and thus should be given adult rights. When this runs up against reality, they claim they are "not getting along" with mom, dad, or both.
What if the father signed birth certificate and wants to have power over child out of wedlock?
he can sign as long as he acknowledges that he is the father
Q: WHAT IF THE MOTHER REFUSES TO LET THE FATHER SIGN IT, THERE MUST BE A LAW BY NOW WHERE HE CAN FIGHT AGGAINST THIS, THIS ISSUE IS RIPPING MY FAMILY TO PIECES
Can you get custody when the child lives in a different country?
You have a chance to it but it also depends on what country, circumstances etc.
Can a step parent be sued for a step child's medical bills?
In many states, yes!
20 states have direct laws regarding the duty of step parents to support their children.
Additionally, most other states hold a Doctrine of Necessaries that makes step parents liable for basic living expenses such as food, shelter and medical bills of their spouses, children and step children.
In states that use this doctrine, while one spouse is not automatically liable for general debts incurred by the other spouse, such as credit card debt for non-essentials, a spouse can be held liable for the spouse and children's medical expenses and even the portion of credit card debt that can be traced to things like groceries, clothes and doctors' fees.
This situation is especially relevant when a custodial natural parent who has remarried loses his or her job and is unable to pay for basic bills. Even when a second, non-custodial parent may also be held liable for a portion of the children's bills, the step parent (living in the same household) can be held liable for the custodial parent's portion of those bills. In community property states, the liability is even more clear cut, allowing creditors to garnish a step parent's wages directly for severe outstanding debt when unable to collect from his or her spouse.
Additionally, a step parent who is providing health insurance for child (ie carrying children on an employer's policy) can also be held responsible through contractual liability, as he or she is the legal guarantor for any charges incurred while using this insurance.
An unmarried father must establish his paternity and arrange for a custody hearing if he wants custody.
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 has been established the father can request visitations, joint custody or full custody. If the father desires a visitation schedule he can request that the court issue a visitation schedule. The court will also issue a child support order if the child is to remain in the custody of her mother. The court will schedule a hearing and issue orders that are in the best interest of the child.
How do you verify if a child is legitimized?
If you feel you need that personal information then you should ask the parent(s). There is generally no public "legitimacy" register.
Legitimate, in this sense, means born in wedlock or of legally married parents- a legal heir. By legitimation a man not married to the mother can confer legitimacy on his child by acknowledging the child to be his. The father would then be responsible for providing support to the child and the child is entitled to inherit from the father. Inheritance is the main factor and this was important in earlier times. However, modern law took that power and privilege away from the father and provides statutory protections for children whose parents are unmarried.
In modern times it is no longer necessary to obtain legitimacy from the father. The laws of intestacy provide the child of an unmarried father with the right of inheritance as long as paternity can be established. Also, an unmarried father who denies his child can be required to participate in a court ordered DNA test to confirm his paternity.
How can relatives gain custody of children from unfit parents?
When both parents are deemed unfit by a court and social services, it is possible for grandparents to get custody of the children under a judge's order. The grandparents wishing to get custody of minor children should petition a court for a hearing on the matter.
Can a mother have full custody if the father is not on the birth cert?
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 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.
In Texas they say if you have one child befor the court and one at home instead of the 25% that is normally put in place you are responsible for 17%.
No.
Several US states do have laws regarding the number of children that the person is responsible for this generally pertains to related children.
In the majority of US states first born children always take priority when it pertains to child support. Rarely will the court reduce the original amount, the exception being when the custodial parent has a significant positive change in their financial situation.
Does your child have to see his dad if he doesnt want to?
If there is a standing visitation order, yes.
Court orders must be followed until they can be modified by returning to court and placing the issue before the judge. A custodial parent who doesn't honor the standing visitation order is in contempt of a court order and the court can order a modification of the custody order if the contempt continues. A child cannot refuse to visit the other parent until they reach eighteen years of age in virtually every state in the United States.
When a child refuses to visit the other parent the primary custodial parent must first take steps to determine the cause of the refusal. A professional may be of help at this time. The child may have legitimate reasons and once identified both parents must work together to address the problem. The non-custodial parent may need some advice on how to spend quality time with the child so the child feels both welcome and comfortable in the non-custodial parent's new environment.
This is a common mistake made by non-custodial parents. The child misses them and looks forward to spending time with them but that time comes and there is a stranger present. The child's comfort level plunges. Being forced to spend visitations with people other than the parent is not a good idea until the child has had a chance to adjust to the new family dynamics between the child and the parents. The dynamics of coping with the father's new partner should come much later.
Uncomfortable sleeping arrangements can make a child reluctant to go for visits. If there are other children in the picture (belonging to the non-custodial parent's new partner) they should be allowed to develop a relationship gradually. A common problem arises for the child whose non-custodial parent makes no special notice of the child during visits and expects the child to spend their time with those other children as part of a new "family unit". In those situations the child has lost a special parent-child connection with the non-custodial parent. The option of spending some private quality time with their parent should always be an option.
If the child's concerns are serious and the non-custodial parent will not cooperate, the custodial parent may need to return to court for a modification of the visitation order. On the other hand, when the situation is evaluated by the court it may find that parent alienation is at the root of the difficulties and if serious, the custodial parent may well lose physical custody to the other parent. Alienating a child against the other parent causes irreparable and long lasting harm.
Parents who don't live together have joint custody (also called shared custody) when they share the decision-making responsibilities for, and/or physical control and custody of, their children. Joint custody can exist if the parents are divorced, separated, or no longer cohabiting, or even if they never lived together.
Can a noncustodial parent take their child to the hospital?
Generally, no. The parent with sole legal custody has the legal right and authority to make health and medical decisions that affect the child. You should review your divorce decree and custody order to check whether you have joint legal custody. If you have a question or an issue regarding your child's health then you should consult with an attorney.
Can custody obtained by grandparents be given back to parents?
That depends on why guardianship was awarded to the grandparents.
That depends on why guardianship was awarded to the grandparents.
That depends on why guardianship was awarded to the grandparents.
That depends on why guardianship was awarded to the grandparents.
They can make the decision but it would have to be taken to court and a proper judge and jury would make the final decision. If its you, choose carefully because I live with my mom and my dad and I'm also 12. And remember to consider their feeling.
Can the noncustodial parent file for full custody?
Yes of course. Unless the custodial parent is unfit the judge would not just change it though but there is also shared custody. It's up to the court to decide.
A safe, sanitary, healthy environment, sufficient food in the home, sleeping facilities for the child, any overt evidence of illegal activity. etc.
