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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
Can a father keep a child from the mother if she is granted physical custody?
It depends on the situation. If the mother is unfit (using drugs, alcoholic, partying, leaving the child alone, etc.) then yes, he could fight her through the court system and probably win. If she is a good mother and the courts have said he can't have visitation rights then he has to abide by the law or seek legal counsel to try and have this request reversed. If the courts have ordered total custody to the mother and the father kept the child(vice-versa) then it could be considered kidnapping! Marcy Parental abduction is the charge used when the non-custodial parent takes a child w/o permisson or refuses to return a child to the custodial parent after visitation. Parental abduction is a civil matter not a criminal one and the custodial parent will need to seek an order of requisition from the court to have the minor child returned. When such a petition is filed a DFS/CPS investigation is automatically instigated. The findings of the investigation will determine what custodial rights are granted (if any) to either parent. Thanks for the input. I'm in Canada and I know our laws are different. We call it plain old "kidnapping" here. Sorry to use some wrong terms off and on, but, the point is made. Your post was interesting and thanks. Marcy
If your boyfriend is not the dad can he still sign the birth certificate?
No. The solution in this case is for your boyfriend to adopt the child. This will probably require you to get married, which would also be a good idea.
If you allow him to sign it, that's Paternity Fraud
Can a mother refuse to disclose where the child is living?
Only if there is a court order to that affect. If not, the non-custodial parent should visit the local family court and inquire about filing a proper complaint for shared custody.
Does a parent have to pay child support for a 17 year old who does not go to school?
Because your child has decided to approach life defferently, does not exclude you from paying child support.
You would need to return to court to do so, and it's likely the court would simply order your payments to be redirected.
In Georgia can you move out at 14?
You must be 18 in order to leave home without parental consent unless you have been emancipated in some manner. Being pregnant/giving birth does *not* emancipate a minor. If you go to the doctor, get a note saying you are pregnant with the doc's signature you can get married, and that will emancipate you.
***NOTE*** You can no longer move out, and/or get married just because you are pregnant. The was a case of a 40-something year old women and a 15 year old male getting pregnant and getting married, after that Georgia revoked this law.
What are the custodial parent's rights in Oklahoma?
I'm the custodial parent to my oldest kids and their dad and I decided it would be best for then to go to school with him their first year, now he is trying to keep then since he had the birth certificates the social security cards and the health cards, is that legally possible?
Does the father have visitation rights if on child support?
No the law states visitation should never be refused when child support is not paid. The law states that not allowing the child(ren) to see the parent would be considered punishing the child. (Canada, Ontario Law)
Can your 17 year old move out?
The age of majority in WA is 18. Anyone under that age who has not been emancipated in some manner is considered to be a minor, and their parents have the right to decide where they live. WA will allow you to petition for emancipation at 16. Your parents will be notified, and they can contest the emancipation. If they do so, then you will have to provide 'clear and convincing evidence' that emancipation would be in your best interest. You will also have to prove that you have the ability to support yourself.
http://www.bostoncoop.net/lcd/emancipation/washington.html
Do you have too pay child support if the child is 17 and a mother?
Whether or not a 17 year old can receive child support in his or her name depends on many different factors. Some states will allow this in certain limited circumstances, while others will not. The child would have to prove to the courts that there is a compelling reason to allow this before it could happen.
What rights does a father have to his unborn child in Minnesota?
United States
In the case of Planned Parenthood of Central Missouri v. Danforth, 428 U.S. 52, 96 S. Ct. 2831, 49 L. Ed. 2d 788 (1976), the Supreme Court of the United States upheld the right to have an abortion, striking the state's requirements of parental consent for minors and spousal consent for married women.
This is a matter of privacy since a fetus cannot be separated from a woman's body.
A father must establish his paternity after the birth through DNA testing that can be arranged through court in order to establish parental rights.
England and Wales
The foetus is considered part of the womans body (except in the case of deliberate murder) and therefore the father has no say whatsoever.
Who has custody when no court order has been established?
From Macky in Discussion:
If no custody order has been issued when it pertains to a married couple the law presumes both biological parents to have equal custodial rights.If the couple is unmarried the mother has full legal rights to the child until the father establishes paternity and is granted custodial or visitation rights by the court.This means in most instances the biological mother may remove the child from the state of residency without permission from the father, unless a court order is issued prohibiting the act.
Usually it would be the involved party that feels wronged, however anyone else can report it. Such matters are reported to local law enforcement, or the District Attorney.
If they feel it has merit, they then make the case. However, there is a difference between bigamies, thus the woman who marries another man believing her first husband to have been killed in Afghanistan is not going to be arrested, even if it turns out the first husband is alive!
The law is more for those who are doing it deliberately, like old-style Mormons or the "travelling salesman" with a wife in two or more states!
What age can a minor child choose to live with the non custodial parent in Arkansas?
18. However, you do have the right to make your wishes known to the court, either by writing a letter to the judge, or engaging a guardian ad litem or an attorney to petition the court on your behalf for custody modification.
The judge will take into consideration a child's wishes when determining whether to approve or deny such a modification, but will always have the child's best interests at heart when deciding.
Up until that time, the child must abide by court ordered custody or risk getting the non-custodial parent in serious legal trouble.
How old do you have to be to decide which parent yo want to live with?
Only Indiana and Texas have laws setting out a specific age at which a child can make a choice, 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 no 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.
Once custody has been awarded by a court it would take another court order to change that arrangement. The court may listen to a child's request to change custody but it is under no obligation to modify the custody order at the child's request. The court would be looking for an appropriate reason to order a change in custody such as the custodial parent being unfit and the change being in the best interest of the child.
Can you get custody of your younger sibling?
YES!!! The court has to be satisfied that the parents are in fact unstable, and that you can provide adequate care for the sibling. Maybe. There are two options available for petitioning a court for the custody of any minor regardless of the relationship. First, notifying the state's department offamily and children's services and request an investigation into the circumstances of the parental home environment. If DFS/CPS finds the complaint valid a date for a court hearing will be set and the parents and all interested parties will be allowed to present their evidence and prove their case. If the outcome is the minor child/children are to be removed from the home for their well-being, the court will appoint a guardian, this is generally a family member whom the court deems acceptable. The second option is for the adult sibling to file a petition requesting to be appointed the guardian of the minor child/children. The person filing the petition will be required to pay all filing and court fees and all applicable legal costs. Any person who can show "just cause" such as parents, grandparents, counselors and so forth why the person applying for guardianship should or should not be granted the request will be notified by the court and be allowed to testify. Be advised that in most states legal representation will be required for the person filing for guardianship. The best option is for the interested party to obtain legal advice on the validity of the action they are wishing to pursue.
to let Huck stay with his pap
<3 Myself
Can one parent move without the shared custody parents permission?
First, a injunction should be filed to stop the move, or have the parent ordered to return the child to the jurisdiction of the court. Further, a motion for contempt for interference in custody, and a motion to modify the custody order due to this violation.
No. Not if the father has visitation rights. In that case the mother would need court approval. If the father objects the court will hear the objections and issue a ruling.
No. Not if the father has visitation rights. In that case the mother would need court approval. If the father objects the court will hear the objections and issue a ruling.
No. Not if the father has visitation rights. In that case the mother would need court approval. If the father objects the court will hear the objections and issue a ruling.
No. Not if the father has visitation rights. In that case the mother would need court approval. If the father objects the court will hear the objections and issue a ruling.
In Kentucky when is a child old enough to decide not to visit non-custodial parent?
18. Until then if the non-custodial parent has court-ordered visitation, it must be followed. If there's a valid reason the child does not want to visit the non-custodial parent, then the custodial parent can go to order and request that the court modify the visitation order. But be aware that the court will not do that without a very valid reason.
Generally, No, but l laws vary from State to State. Also- it is not uncommon for a divorce settlement to specify that one or the other parent must pay for college education... In which case, you are legally obligated...
Usually, a good lawyer will not allow a client to sign a contract obligating them for expenses beyond the legal age to which the State mandates support.
Can a non biological parent get visitation?
I would contact a local attorney and explain your situation. In some cases, you may be able to sue the biological father for non-support. Just remember, if he didn't have the money to pay child support, more than likely it will just be a moral victory. However, if the father has a business, home, or other assets, you may be able to have a lien placed against the bio father. My advice for you is to keep accurate records and when the child turns 18, have the child petition the court to have the child support paid to them. There is no statute of limitations on child support payments and states have agreements to cooperate in finding and collecting support. Good luck, BW
If the father is paying child support then he has some rights and if he doesn't and there is no court document then you don't have to comply to his wishes. However, if he is not living in a desireable neighborhood or does drugs, etc., then you can fight it by going to Child Welfare, but you will run the risk of losing your child if Welfare doesn't find your mother fit to look after your child while you serve time (if you have to.) I suggest you do the easy thing and clean up your act, because Child Welfare or the court system doesn't look kindly on one or both parents getting into trouble with the law, drugs of any sort and lazy parenting.
Marcy
AnswerChild support and custody are considered to separate issues in U.S. courts. In most states the court considers the length of time the parent has been absent from the child life, which means no contact of any sort. Generally a parent who has not had some interaction with their child within the space of a year is deemed an "absentee parent" and a judge can if he or she chooses terminate parental rights.
Unless parental rights have been terminated by the court or voluntarily relinquished by the biological parent, the court will not allow custodial rights to be transferred.
What are the benefits for a child having the fathers last name?
It is ancient common law that a child born to a married couple gets the father's last name because that father would care for and support the child until maturity in a family household. It is also ancient common law that an unmarried mother gets to give the child her own name.
