0
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 you seek child support when you have joint custody from your ex wife?
Of course. If she has physical custody and your child is still your child then you must pay child support until your child support order has been modified by the court. A new spouse is not respondible for supporting non-biological children.
How old do you have to be to choose who you live with in ga?
The child can make their opinion known at any age, either in court themselves, writing to the judge with jurisdiction, or enlisting the help of an attorney or guardian ad litem to speak for them. The judge may or may not rule in accordance with the child's wishs as it will ultimately be the decision of the judge to place the child where he or she feels would provide the best environment and act in the child's best interests. When the child reaches the age of majority (18 in Georgia), they can decide for themselves where to live without court intervention.
If I am 17 and have a child can I move out in the state of Kansas?
The age of majority is 18, however authorities will not intervene if the minor has received parental permission and has an acceptable place to reside, and is able to provide for themselves. The action however, does not release the parents from their obligation to said minor, meaning they are can be held legally and financially responsible until the minor reaches legal age or a court rules otherwise.
according to my lawyer a child can choose at 12 and in some cases at 10 but never told me what these cases may be...
18 before the child can decide for themselves. The courts decide custody issues, and they do so on the basis of what they believe to be in the best interest of the child. If the child has an opinion about what is in his or her own best interest, he or she can certainly say so to the court or write a letter to the judge indicating the same. However, that doesn't automatically mean the child's wish will be allowed.
Can the judge grant joint custody after granting partial custody to a father?
A judge decides questions of custody on the basis of what is best for the child. If joint custody is awarded, it is because the judge thinks (rightly or wrongly) that the child will benefit by having contact with both parents. It is never about what the parents want, it is about what is good for the child.
So a judge would not grant joint custody just because the father wants it, but if the father wants it, a judge is more likely to grant it than if the father said "Eh, I don't care, let her have the little yard ape all to herself."
What is the age of consent for child custody in MO?
18. However if a younger child has a convincing and compelling reason or reason(s) why they do not wish to abide by the court ordered visitation decree, they can write a letter to the judge with jurisdiction outlining those things, or engage an attorney or guardian ad litem to petition the court on their behalf for visitation modification based on the same. The judge has no legal obligation to modify the visitation orders based on the child's wishes, but they will be considered. Ultimately, the judge will decide what is in the best interests of the child whether or not any modifications are made.
The name on the birth certificate is not as important as actual parentage. a DNA test will supercede whatever's on the BC. Therefore, if you're talking about the actual genetic father, Child Support can be invoked by the court.
Can your girlfriend stop you from seeing your child?
Yes, until you have established your paternity legally.
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.
What needs might a child have that a parent would need to provide?
Unconditional love, warmth, food, clean water and protection from hurt.
Judicial custody is when you are held by order of a judge and are not necessarily charged with anything.
Police custody is when you are charged with something and are in the custody of the police.
If he has abandoned the mother, talk to a lawyer. There may be a law in your state that after so many years of 'abandonment' custody is automatic. Get a lawyer and file for full custody if abandonment is not the issue.
What is the wv law on moving a child out of state if you have primary custody?
Whether or not a law exist, the other parent always has the option to file an injunction preventing it until a full hearing. Thus, it can be less expensive to get court approval in advance. see links
Can juveniles be taken into custody for offenses that adults cannot be taken in for?
A crime is a crime and persons committing such are held accountable regardless of their age. Of course there are some obscure acts which would apply to juveniles rather then an adult, such as delinquency of a minor, habitual truancy, run aways, etc.
Juveniles are in general adjudicated differently than adults. If a juvenile commits a felony crime the judge decides whether or not he or she should be tried under adult statutes.
How long can a parent go without seeing their children before losing their rights in Oregon?
6 months if no extenuating circumstances apply. Here is the statute:
419B.506 - Termination upon finding of neglect
The rights of the parent or parents may be terminated as provided in ORS 419B.500 if the court finds that the parent or parents have failed or neglected without reasonable and lawful cause to provide for the basic physical and psychological needs of the child or ward for six months prior to the filing of a petition. In determining such failure or neglect, the court shall disregard any incidental or minimal expressions of concern or support and shall consider but is not limited to one or more of the following:
(1) Failure to provide care or pay a reasonable portion of substitute physical care and maintenance if custody is lodged with others.
(2) Failure to maintain regular visitation or other contact with the child or ward that was designed and implemented in a plan to reunite the child or ward with the parent.
(3) Failure to contact or communicate with the child or ward or with the custodian of the child or ward. In making this determination, the court may disregard incidental visitations, communications or contributions.
[1993 c.33 §141; 1997 c.873 §8; 2003 c.396 §86]
What are the child support laws in Texas?
The child abandonment law in Texas says that if a person purposely leaves a child 15 or under in a dangerous and harmful place can be charged with child abandonment. If found guilty a person may face felony charges.
What are the child custody laws of NC?
A child is deemed abandoned in North Carolina if a parent or guardian intentionally leaves a child for any period of time with no set time to come back. When this happens, their rights can be terminated by the courts.
Who has custody of the children if you're not married?
Mom. Dad must establish his paternity legally through a DNA test. Once established he can request visitation and custody rights and pay child support if the mother will retain physical custody.
Can a mother deny visitation rights to the father while going through divorce?
No. Only a court can "revoke" visitation rights.
No. Only a court can "revoke" visitation rights.
No. Only a court can "revoke" visitation rights.
No. Only a court can "revoke" visitation rights.
How do you eliminate child support on 50 50 custody in Iowa?
Under most circumstances, it is only eliminated when the parents have close to equal incomes. When one make significantly more, child support is based on the difference.
If there is an existing court order you need to take the issue before the court with jurisdictions and request a modification. The court will follow state guidelines and 50/50 custody may not mean 50/50 child support obligations. They court may consider the earning power of the parties, who pays for medical insurance, etc. You should speak with an attorney familiar with the court system or an advocate at the family court.
How many kids are abused in foster care?
some foster parents can be the nicest things, almost as good as the real thing. but in other cases, the foster parents can be abusive phsycally, mentally, sexually, or neglect their foster child/children. but you cant place a number on kids abused by foster familys.
Is it child support fraud if child does not live with parent receiving the support?
No, it's a matter for the obligor to report the situation to the court, and either request a modification of support, and/or custody order as soon as they discover that the child is not living with the custodial parent. The court can investigate the situation.
What age can a child which parent he or she wants 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.Can the parent with joint custody take their child out of the country?
No, not without the proper preparations. The advice is the same for either a mother or father traveling alone with a child. If you are traveling alone with your child you should be aware that concerns about parental abductions has made border officials more vigilant when they find a child traveling alone with one parent. You should be prepared to produce documentation such as a letter of authorization or travel consent signed by the other parent. In some countries you may not be asked for it. In others, you will be detained until your authorization can be reviewed by officials. The child may even be questioned about the other parent. You should also note that you may have trouble re-entering the country of origin. In the US a passport application requires the signatures, or a notarized permission letter, of both parents to take a minor child out of the country.
