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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
Yes. It is wise though to set up something without going to court if you are the non custodial parent because you will have to pay atty fees, court costs and in the end still have to pay half for college.
What is the standard visitation schedule in Ky?
http://www.divorcesource.com/WV/ARTICLES/douglas6.html
How can the father of a child get custody from an abusive mother?
speak to someone at the Children's aid society, or to the police, local hospital, and have the abuse documented. It all depends if she has sole custody or it's joint custody or even if the two of you are together. It is beneficial that if nothing can be done immediately that at least it's documented. Maybe threaten her that if it doesn;t stop you will go to the authorities. She needs help and it must stem from something in her past, that she would keep the cycle of abuse going. She may not want to be abusive but it's all she knows. She definitely needs councilling to reverse this behaviour, and learn some new techniques. Raising a child right is the hardest thing one will ever do. Kids really can try your patience and you constantly have to find new and creative ways to discipline them. I was hit and abused when I was a child and unfortunately that was common back then. When we know better, we (should) do better. In our city, we have a local Health Department that would be able to answer this question and steer someone in the best direction. If it's life threatening then go to the police immediately.
What is considered an unfit parent?
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
- leaving the child in someone else's residential-type care for extended periods of time
How do you get guardianship for an aunt who is competent and living with you?
you have to file a petition with the governing probate court citing the reasons that you belive the child should be placed into your custody. If you already have possession of the grandchild by permission of the parent(s) you will have a much easier road ahead of you!
Can a divorced parent take children out of the United States without other parent's permission?
The court order may (and probably does) specify the visitation privileges of the parent (former spouse). If emigrating violates this order, no, you may not do it without the permission of the former spouse and the court.
How does a father relinquish parental rights in Oklahoma?
you don't.
In general, parental rights are terminated either preparatory to an adoption, or after a trial in which it is determined that the parent is unfit. In any case, termination of parental rights does not, in itself, terminate child support.
What if one parent has custody of a child can the other claim the child on taxes?
== == When parents are divorced, the use of the children's exemptions is generally determined by the decree. It has nothing to do with who pays for what. The parent with whom the children reside for over 50% of the year may claim Head of Household status. At no time may both parents claim the same children in the same year on separate income tax returns. http://www.irs.gov/pub/irs-pdf/p501.pdf
Can a stepfather give your child his name without the consent of the father?
Yes, a stepfather can gain legal guardianship of a minor without the consent of the biological father. The step father and the father would have to go to court in order to prove who is the more suitable guardian. If the child is 12 or older, his or her choice will weigh heavily on the court. You can also get family members who are close to the minor to write letters to the court saying who they see to be the more suitable guardian. I am not a lawyer but i am writing from experience, my step father was able to gain legal guardianship of me when I was a child.
Can a parent be forced to give a child up for visitation?
Legally the parent has to allow court ordered visitation. The child has to go along with the plan.
In a practical sense, the parents could discuss the matter and then work with the child to find a middle ground. As children grow older, they often prefer not to have their lives interrupted and so it is better to have shorter visits rather than the extended visits that are part of the lives of younger children.
AnswerYes. The visitation order remains in effect until it has been modified by the court. Generally, a child cannot make the decision to end visitations until the age of eighteen. The parents should try to remedy the situation that makes the child want to stop the visits. If there is a good reason to stop the visits the custodial parent must return to court and request a modification. Until the visitation order is modified the non-custodial parent can file a motion for contempt of a court order against the custodial parent if the visitation order is violated.
Can grandparents become the legal guardian for grandchildren?
No. Non-parents must file for guardianship. Generally, the court will not appoint a non-parent to joint custody with a parent. Either can file a petition for guardianship but the parents rights would have to be terminated by the court in favor of the guardianship. Therfore, the proposed guardian needs the parents' consent or they need to provide evidence to the court that the parents are unfit. You should consult with an attorney who specializes in child custody cases.
No. Non-parents must file for guardianship. Generally, the court will not appoint a non-parent to joint custody with a parent. Either can file a petition for guardianship but the parents rights would have to be terminated by the court in favor of the guardianship. Therfore, the proposed guardian needs the parents' consent or they need to provide evidence to the court that the parents are unfit. You should consult with an attorney who specializes in child custody cases.
No. Non-parents must file for guardianship. Generally, the court will not appoint a non-parent to joint custody with a parent. Either can file a petition for guardianship but the parents rights would have to be terminated by the court in favor of the guardianship. Therfore, the proposed guardian needs the parents' consent or they need to provide evidence to the court that the parents are unfit. You should consult with an attorney who specializes in child custody cases.
No. Non-parents must file for guardianship. Generally, the court will not appoint a non-parent to joint custody with a parent. Either can file a petition for guardianship but the parents rights would have to be terminated by the court in favor of the guardianship. Therfore, the proposed guardian needs the parents' consent or they need to provide evidence to the court that the parents are unfit. You should consult with an attorney who specializes in child custody cases.
How old does a child have to be to stop visitation with noncustodial parent in Washington?
You have to be 18 unless the parents agree to it.
How old do you have to be to say who do you want to live with?
You can't actually choose until you are old enough to live alone.
You can usually tell the court which parent you want to live with, and if the court agrees they can direct a change.
What age can a child refuse visitation in wa state?
No, an existing court order must be adhered to unless there are extentuating circumstances (unsuitable environment, etc.). However, forcing him to comply will only result in more problems. The best option would be for the parents and child to obtain qualified independent counseling in hopes of finding a solution to the matter.
If you sign over your parental rights to a child do you still have to pay child support in tn?
Generally speaking, once parental rights (which is a different thing than custodial rights) are terminated a person is no longer responsible for child support. However, you cannot just "sign over" your parental rights. Parental rights can only be terminated by a judge, and unless it's a case of adoption (where someone else is willing to assume your parental responsibilities), the judge generally says "no, I won't allow it"
According to the common law name change (in Massachusetts), if the mother is unmarried, she has say over the child's name. The father can try of course, but I don't believe he can force the mother to change her child's name.
I am sure it may also depend on whether the father signed the birth certificate or not.
What age can a child decide custody?
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
How long does a parent have to be absent for before filling for abandonment?
1 year is considered abandonment in the state of Arkansas.
No, if they are not included in the last will and testament of the deceased they have no legal right to any property as they are not considered in the "blood line" of the deceased. They are entitled to property that the biological mother held in her name only unless the property was acquired during marriage and the couple resided in a community property state. Also, they may be entitled to personal items such as clothing, pictures, family heirlooms or jewelry and so forth, but that is determined by state probate laws. Unfortunately, such situations sometimes become a matter of litigation with a judge deciding what (if any) property the surviving spouse is legally required to release to surviving family members. It doesn't sound like heirship is at issue. Given that the mother is the decedent, I assume the question concerns the mother's Will. If the mother left a Will leaving everything to her husband, or to whomever other than the stepchildren, then the stepchildren take nothing.
At what age can a child opt out of visitation in Texas?
when can a child of divorced parents in NJ choose to stop seeing a parent she doesn't live with and was abused by this parent as a young child but the court still feels she should see him. how old can she be to decide for herself?
when can a child of divorced parents in NJ choose to stop seeing a parent she doesn't live with and was abused by this parent as a young child but the court still feels she should see him. how old can she be to decide for herself?
Who has legal custody of minor child when parents have never married in NC?
by law the mother has legal rights to the child in question unless the mother is founded to be an unfit mother ex. like if she dose drugs, abuses the child, dose not keep food clothing and a roof over the child's head basically if she can not provide the basic needs for the child in questions also the mother can give up custtody of the child if she feels that she dose not want the child or can not provide for the child. the mother may give up custody to whom ever she choses although not a 100% sure but this law isw for most states for best results contact your local police department
Will a court take into account your new spouse's income when determining child support in NC?
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.How old does someone have to be to decide where they want to live in state of Georgia?
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
What are the three factors to consider before making the decision of becoming a parent?
- Marriage;
- Not before age 24 for females & age 30 for males; and
- After one parent can provide enough support so that the other can stay home FOR the kids until their early teens.
Can a parent with visitation rights and shared legal custody take child out of state?
Generally joint custody means both parents have equal rights to decisions concerning the child. However, the actual terms would be in the custody agreement. Therefore, it may be allowable for a parent to take certain actions w/o the consent of the other parent. You might wish to read over the terms of the custody agreement or consult with the attorney who handled the case for more specific information.
A permanent move would likely require court approval unless the non-physical-custody parent consents to the move.
