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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
Who can be a temporary guardianship?
A grandmother can be a temporary guardian, or the husbands sister if they are divorced. In thecase of M ichael Jackson his mother and sister Janet Jackson are guardians like that.
What to do when a child's legal custodian dies?
A new legal guardian must be appointed by the court as soon as possible.
A new legal guardian must be appointed by the court as soon as possible.
A new legal guardian must be appointed by the court as soon as possible.
A new legal guardian must be appointed by the court as soon as possible.
If an illegal immigrant father has a child in the US can he stay the mother is a U.S. citizen?
No. He will have to return to his country of origin and apply to be an US citizen like everyone else. The child is an US citizen because he/she was born to a parent who is an US citizen and also because the child was born in the US. Having a child with a US citizen or while in the United States does not give you US citizenship. My advice would be, first, to return to your country of origin because you are here illegally, then marry the mother of your child and then apply for permanent residency.
Be sure that his ex wife is indeed neglectful of the children because otherwise it's a rotten thing to do. Sometimes ex's are bitter towards each other and will fight over who gets custody of the children. Be sure that shared custody isn't the best thing because the children only see your fiance as "dad" and his ex wife as "mom". Children are usually the ones hurt in this process. If indeed she is negligent then he can call "Child Welfare" (that's what we call it in Canada) to evaluate the situation, or retain a lawyer to prove beyond a doubt she is indeed negligent with the children. This is touchy because you don't know everything that went on with your fiance and his ex. It's important that he is taking this action for all the right reasons. What may be the father's outlook on what neglect is, may not be so. Remember, you will be involved in this as well because if he gets full custody you'll be helping to look after those children too and it's going to be one tough job and extremely hard on you because you'll be taking the place of their biological mother. Most children don't take kindly to having their mother or father replaced.
Good luckMarcy
In the U.S. states differ in the legal definition of what is considered neglect of minor children. Therefore, the best course of action in instances where there is no documented history of physical abuse, would be to request the state's department of social services to investigate the home environment.
Please be advised, judges do not look favorably upon parents who make false allegations in the attempt to gain custody of children or to "get even" with an ex spouse.
For the child, no; for themselves, yes.
You should consider that if the child is not living with you you must provide that information on the application or renewal. You can be prosecuted for falsifying the information you provide. You can only get food stamps for a child in your legal custody if you can say the child lives with you.
Also, if custody was removed from the parents by a court, and granted to you, and you allow that child to live back with the parents, you may be held liable for any harm that comes to the child because of your failure to take your legal responsibilities seriously. In my state, grandparents with guardianship allowed their daughter to take back custody of her toddler after the child was removed by the state because of child abuse. The child was subsequently fatally injured by its father and the grandparents are also being prosecuted. You should notify the court that your "guardianship" should be terminated.
How do you sign over your parental rights?
That would be the decision of the judge and the laws in your jurisdiction. In most cases signing over physical parental rights does not relieve the parent of their financial obligation unless the other parent and the judge agrees. If however, the rights are being relinquished so the child can be adopted, the court will dismiss child support obligations.
You need to consult with an attorney or legal advocate in your jurisdiction. Note that you cannot simply give up parental rights in order to avoid child support. Generally there must be another adult who is willing to take over your legal responsibilities and financial obligations as the child's parent.
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. Courts are concerned with the child's welfare and nothing else. The best interest of the child will be the main concern of the court.
Do you still have to pay child support if you regain custody?
No, the child support order should be extinguished at the same time you regain custody. However, you still have to pay any arrears from the time you were obliged to pay.
No, the child support order should be extinguished at the same time you regain custody. However, you still have to pay any arrears from the time you were obliged to pay.
No, the child support order should be extinguished at the same time you regain custody. However, you still have to pay any arrears from the time you were obliged to pay.
No, the child support order should be extinguished at the same time you regain custody. However, you still have to pay any arrears from the time you were obliged to pay.
How old does a child have to be to decide to live with their grandparent in the state of Michigan?
Minors are not allowed to choose with whom they wish to reside. If parents cannot agree on custodial issues then the judge decides which parent (or person) is granted custody and to what extent. Some judges will speak with the minor about general issues such as school, the neighborhood they now live in, friends, etc. The judge's final decision will be based on the best interest or the minor child or children and not on the preference of any of the involved parties.
How old do you have to be for it to be your choice to live with which parent?
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.If a child support case has been closed can it be reopened?
It depends on how it was handled and how long it has been. I'm in the process of re-opening mine and since it was handle through the state (Florida) and the Department of Revenue all I had to do was go down to the local DOR office and start the paperwork. Of course it would be much faster if you obtain a lawyer but their retainer fees tend to be around 4 grand or so. At least here they are. Hope this helps you out!!!!
Answer
The best advice I can offer you is to get a Lawyer who specializes in adoptions. While the fathers name isn't on any papers, who knows if he really wanted to take the child into his custody, by using DNA testing if he would be allowed. Better if you see that lawyer.
What rights do a custody granted child have after parents have been deceased?
Rights pertaining to what?
Can your ex wife take your two kids to a different country without your permission?
No. They should have a signed and notarized statement from you giving permission for them to leave. Call a Customs office for details.
Depends. Though not an expert, I'm rather certain it depends on your custody status. The man being your ex-husband alone doesn't necessarily mean he either does or does not have the right to do this.
If you care about the future of your baby, it would be best to follow your parents advice. 1. Do you honestly think that you can provide for the educational and financial needs of a child? It costs a lot of money to raise a child and let's face it, you still don't have the resources to do that on your own. What skill do you have that will make employers want to beat down the door to hire you so that you can provide for your child. Do you have enough education that you will be able to give your child the emotional stimulation that he needs when he starts attending some of the AP classes in highschool? It's quite natural to believe that a mothers love is all that the child will need. But the truth is, at some level the child will resent you for being poor and un-educated. You aren't doing him any favors by keeping him and raising him as a single mother. 2. Think about the challanges to YOU as a single mother. What kind of future do you expect? I'm sure your parents will help where they can but it's a big burden and more than a reasonable person would expect of someone else. The advice of your parents is good, even though it may seem like a difficult thing to do right now. In the long run it will be best for both you and your child. No, a mother who is of minor age, is presumed by law to have the same rights as a mother who is considered an adult. The young lady cannot be forced to place her child for adoption, have an abortion, or sign over custodial rights. If she does not have the support of her family or others, she can petition the court for emancipation rights. The court will grant said petition for the purpose of allowing the young lady to receive any needed assistance such as Medicaid. The following agencies can supply information and assistance if it is needed; Birthright, 1-800-550-4900, http://www.birthright.org and Planned Parenthood 1-800230-7526, www.http://www.plannedparenthood.org. No they cannot, but they can refuse to pay for it. As long as you do not sign any papers they cannot make you give it up. No, a minor is presumed by law to have the same rights to her child as would an adult mother. A minor's parents cannot force her to place her child for adoption, have an abortion or sign over custodial rights to anyone else. For counseling and assistance visit Birthright, http://www.birthright.org or call toll free, 1-800-550-4900. No. It is your baby and your decision. You may consider it for the baby's sake, but it is totally up to you. No one can sign the adoption papers except you and the natural father. No. If you are pregnant your parents can not force you to indanger your child. They might tell you or try to convince you but You and your baby's health is your choice.
Can a child go in the custody of uncle if father has been died?
The Court of jurisdiction orders the custody arrangements for the child. It is unusual for an uncle to be granted custody of the child, however he can be if the following conditions exist:
1. The mother is determined not capable or incompetent of raising the child, or, refuses custody of the minor,
And
2. The father is determined not capable or incompetent of raising the child, or refuses custody of the minor,
And
3. The uncle is capable of raising the minor,
And
4. The Court orders that the uncle is capable, and orders custody of the child to the uncle. Visitation has to be worked out first depending on parental challenges.
Can you leave the state of wisconsinn with child without father's consent?
That is dependent of custody orders, but even without, the other parent could file an injunction.
If a baby has a biracial father and the mother is white then what race is the child?
The reason the child would not be white is because of the father's genes which are black and white.The father is also African American sense he would be 1/2 black. The child would look more black then white anyway. The hair would be curly and thick, the skin color would be darker than caucasian skin, the child will also have African American in he/she bone structure, also will have plump lips and maybe almond shaped eyes. There fore the child will have more black features than white features.
It depends on who the child is sharing a room with. A child really wants their own spacearound 8 or 9, but if you have a 6 year old girl sharing a room with her 13 year old stepbrother, that could be a problem. Each situation is different. Usually the child will let you know.
Does the law state a custodial parent must provide a bed for a child?
Yes, where else do you expect your children to sleep? I had to have a bed for my child although he/she was living with the other parent so I bet your husband/wife will expect the same from you. You wouldn't expect your children to sleep with you or on the sofa would you? I certainly wouldn't with mine. I'd expect a bed from him/her to sleep in.
Can you move in with your grandmother if your dad says you can?
I dont know much about the laws but if your dad says so why not?
Can a 17 year boy move out without parents permission in the state of Missouri?
The legal age of majority in MO. is 18, not 17. The confusion is created because of the added clause pertaining to a 17 years old being emancipated if they are married and/or serving in the military. The reality is that very little can be done to prevent a 17 years old from leaving the family residence. The parent(s) or legal guardian would need to file a report with local authorities to initiate any legal action. Authorities in all states are understaffed, underfunded and overworked, so tracking down every minor who leaves home is an impossibility. A viable alternative might be family counseling to at least make an attempt to find a compromise on the part of all the involved parties.
I was in a situation similar to this, I tried to move out when I was 16, but got arrested for being a runaway, my probation officer, who was also a Deputy Juvinial Officer told me that in the state of Missouri you can move out at 17, cops will not only do nothing about it, but if you get arrested, or hurt and have billls your parents have to pay them. they don't have to give you financial support, but you can move out, the parent in another state can't do anything as long as you live in Missouri over 50% of the time, and if your id has a Missouri address.
The legal answer to this legal question depends on the details. If the parties are married she can try but the father can obtain a court order to stop her from removing the children or to return them to the jurisdiction of the court.
If the parents were never married that depends on whether the father has established his paternity and been granted custody rights or visitation rights. In that case the mother cannot move without the father's consent or a court order.
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. A paternity test can be arranged 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 if the child is to remain in the physical custody of the mother.
Answer
Yes, she can, in most cases. I would go further and say that most mothers would not do this casually--it may be for economic reasons, safety or other imperatives.
When the mother dies and the father is in prison who side of the family does the child go to?
If the mother is single, her side in 100% of the cases.
How do you file an answer to a petition to modify parent-child relationship?
What form do I use to Answer that I disagree with a motion to modify child support
What if the dad is willing to sign the custody papers without court?
Yes you could, but it's best to do it the legal way just in case the father has a change of heart. Good luck In the US any relinquishment of parental rights must be done according to the prescribed legal procedure of the state in which the child resides.
