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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 child of 16 move away from grandparents who have custody and live other grandparents?
A 16-year-old cannot leave home without parental consent. If they do and the parents call the police (and I'm assuming they would) then the police will pick the child up and return him/her home. Despite the fact that you are family, it is possible that you (the grandparent) could be charged with something along the lines of harboring a runaway/interring with child custody/contributing to the delinquency of a minor/etc (the exact charges depending on where you live). The grandparent can petition the court for custody, but unless they are able to prove the parents to be unfit in some way...
Who has custody of the child if the parents are married?
In all US states the law presumes that, the mother of a child born as a result of a relationship outside of marriage retains sole custodial rights unless a court rules otherwise. If the father did not sign the birth certificate or a declaration of parentage, a paternity test would be necessary before the court would consider custody, visitation, support or any other issues regarding the minor child.
How much of each check can be garnished for child support in Texas?
The guidelines for the support of a child in this section are specifically designed to apply to situations in which the obligor's monthly net resources are $6,000 or less. If the obligor's monthly net resources are $6,000 or less, the court shall presumptively apply the following schedule in rendering the child support order:
% Net Resources 1 - 20%, 2 - 25%. 3 - 30%, 4 - 35%, 5 - 40%, 6 or more - Not less than the amount for 5 children
If the obligor's net resources exceed $6,000 per month, the court shall presumptively apply the percentage guidelines to the first $6,000 of the obligor's net resources. Without further reference to the percentage recommended by these guidelines, the court may order additional amounts of
child support as appropriate, depending on the income of the parties and the proven needs of the child.
Sections 154.125 and 154.126 of the Texas Family Code.
What are the child custody laws in NC for unmarried parents?
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 or he must seek another way to establish his paternity and that is done through a DNA. He can then establish his paternity legally through the court and once established the father can request visitations, custody and set up a schedule of regular child support payments for the child.
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 or he must seek another way to establish his paternity and that is done through a DNA. He can then establish his paternity legally through the court and once established the father can request visitations, custody and set up a schedule of regular child support payments for the child.
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 or he must seek another way to establish his paternity and that is done through a DNA. He can then establish his paternity legally through the court and once established the father can request visitations, custody and set up a schedule of regular child support payments for the child.
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 or he must seek another way to establish his paternity and that is done through a DNA. He can then establish his paternity legally through the court and once established the father can request visitations, custody and set up a schedule of regular child support payments for the child.
Yes, SSD, RRD and other private disability benefits are not exempted from court ordered child support and/or spousal maintenance. Although the amount may be modified in relation to the corresponding amount of the disability benefits.
Can a father keep a child from a mother if there is no court order?
Neither parent should keep a child away from the other parent if there is no good reason. A good reason would be abuse, neglect, drug abuse, etc... If there are problems with custody and there are not court custody papers, there needs to be. Go to the court house and have the process started. Without these papers, either parent could keep the child (as long as the father is proven to be the father or his name is on the birth certificate) and it is not kidnapping. There is not court order preventing it. Also remember that the mother does not always automatically get full physical custody. The court looks at what is best for the child, not the parents.
Can the noncustodial parent take the child if there are no court orders saying what they can do?
This is called parental kidnapping; unfortunately without a custody order the parent who had custody has nothing to back this claim.
First you need to get a custody order, then you need to have the custody order served. If the child is in eminent danger you can have an emergency hearing, otherwise it will take some time to have the situation rectified.
Try your best to keep in contact with the child and parent.
If you are under the age of 18, then the consent of the CUSTODIAL parent or Guardian is necessary. So, if this parent does not have custody, then they cannot sign for you to get married.
At what age can a child choose who they want to live with in the State of Washington?
I'm from Washington, and I've looked at this before. I think it is 13. You can call a family law attorney, to be sure. They should answer your question for free. If you are the studious type, go to any library, they have the RCWs (laws for Washington State) in the library with the encyclopedias and stuff. Volume 0 is the index, and you can look up the law yourself. It would be in the section that deals with family law and emancipated minors. I think the law is " Age of Consent for parental custody" or something like that. Good luck No, minors do not have the legal right to decide which parent they prefer to reside with, if the parents cannot reach an equitable agreement a judge will make the determination. The reasons minors are not allowed to "choose" is the court assumes a child will choose the parent who is the most lenient or the child might experience unnecessary emotional distress when making such a decision. If it becomes necessary, a judge will determine where the child will reside based upon what is in his or her best interest, not upon the preference of others.
Answer You are a mother ... fight!!!!! You can seek out legal counsel and go to court to fight for the rights of your children. If your ex has any record of abuse against you or your children (or both) you can fight this in a court of law and get either partial or hopefully full custody of your child(ren). If you can't afford legal counsel then seek out your local Women's Abuse Centers (you can go to Mental Health or your local law enforcement agency and ask them where these centers are) and fight through them. They have people who will help you fight for your rights in court to get your children back .......... OR When your ex keeps forcing you to give up custody he is breaking the law! Seek out legal advice and if necessary (and you have proof) go to the media for help. People don't take kindly to any man (or woman) being abusive with the other partner or children involved.
Illinois law on how old a child can be to pick which parent they want to live with?
No. A judge may be willing to consider a child's request but doesn't have to honor it. The court will make that decision. The child cannot make their own choice until they reach eighteen years old.
No. A judge may be willing to consider a child's request but doesn't have to honor it. The court will make that decision. The child cannot make their own choice until they reach eighteen years old.
No. A judge may be willing to consider a child's request but doesn't have to honor it. The court will make that decision. The child cannot make their own choice until they reach eighteen years old.
No. A judge may be willing to consider a child's request but doesn't have to honor it. The court will make that decision. The child cannot make their own choice until they reach eighteen years old.
What age can a minor refuse visitation from the non custodial parent in Pennsylvania?
No Minors, unless between the age of 16 and 18 and married or serving active military may refuse visitation when there is a valid Court Order. However, the residential parent can petition the court to modify the terms of the contact agreement if keeping the child away from the other parent is in the manifest best interest of the minor. This is difficult to do unless the child is being abuse in some way. If this is the case get the child to a counselor that is qualified to testify in Court, then line up other witnesses who are privy to the abuse. Once this evidence is gathered filed the petition to modify and if the Court deems it harmful for the child to continue with contact, it will be modified to supervised contact or perhaps, no contact. No Court wants a child to be alienated from another Parent unless it is to protect the child.
Can a 15 yr old choose to live with her mother if the father has custody in Massachusetts?
Just doing the math I can assume the child was taken away from the person he/she wants to live with since the child is 15, and the person had custody for 14 years prior. That being said - No - you can't make your own decision. You are a minor according to law, and all decisions are made for you by your legal guardian. A judge will take into account the way you feel about the situation - but you have no legal weight to demand anything at your age.
Is it possible to challenge a decision made by a judge regarding child custody?
Yes you may challenge custody order.
In the state of TN who gets custody if the parents were never married?
The welfare of the child should be the main issue. The best parent or maybe both paremts should have custody. Who is to say that one parent is better than the other with out prove of child abuse. During custody battles, the parents are so wrapped up in themselves that the children are not actually considered.
the mother has sole custody if she is not married, a father has many more rights if the child has his last name, or if he is named on the birth certificate. However, if an unmarried mother has a child who has the father's last name and she gets the child taken from her by the state, the father would actually have to file a custody petition in order to try and get custody. Nothing is automaticly in his favor there.
At what age can a minor child refuse to visit non custodial parent in Alabama?
A child in the state of Alabama can not opt out of visitation with the non custodial parent until the age of 18. If the child is persistent in the fact that they wish visitation to end, this needs to be ordered by a judge of the court.
Can a father take a child away from mother with no custody agreement in affect?
It depends on marital status, whether there are any outstanding court orders, and if not married whether the father ever established his paternity. It is a complicated situation. Even if the father has not established his paternity he could request a restraining order to prevent the mother from leaving until he does. Then he can request custody and/or a visitation order.
Even if the mother has custody she cannot interfere with the father's visitation rights. Se would need his permission to move and if doesn't agree she would need to seek the court's permission.
Can unmarried father sue mother for child support?
Yes, if he has court ordered physical 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 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.
Yes, if he has court ordered physical 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 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.
Yes, if he has court ordered physical 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 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.
Yes, if he has court ordered physical 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 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.
Does non custodial parent have to pay for orthodontics if it is in divorce decree?
If you're responsible for providing the health care (as the non-custodial parent) then yes. Perhaps you and your ex can split it, the cost being significant, but don't count on it! Laws vary state to state, this is not the forum for an exact legal answer you can take to the bank. Keep that in mind!
ambivalent attachment style
How can you terminate the father's parental rights?
Laws vary from state to state, please check with a local organization to verify details of the law in Florida. Termination of parental rights is a procedure which the state undertakes in order to prepare a child for adoption by a new parent. It is not a legal process which a parent can initiate, except in the case of "second parent adoption" File a voluntary Termination Of Parental Rights (TPR) in the appropriate state court (usually probate) in the county in which the child lives. Contacting the office of the clerk of that court will provide specific information. The judge decides whether or not rights will be terminated and if so to what extent. TPR petitions are not a legal instrument to be used as a means for a parent(s) to escape their financial obligations to a child.
At what age should a child be able to make his or her own decisions about life?
Generally this is considered along with the age of consent in your state or Country. 16 years old is the norm in the united Kingdom.
It is normally 12 in the united kingdom but it all depends what your decision is if you have trouble with the family, say like if you want to live with your mom but your dad wont let you then just contact social services and they will tell you the age for which you have to be in that state and will take help you get what you wish for walsall it is 12 year's of age i don't know about any where else, Hope this helped.
