Can a mother in the state of Ohio persue visitation rights against the father?
Depends on which family member. Grandparents are the only family members who have visitation right in the law in some states. Other family members have to rely in a good relationship with the parents.
Is it a parent right to file a child on taxes if the parent pays child support?
That issue is affected by state laws and court orders and separation agreements. You need to find the answer before claiming the child. In some states the working custodial parent has the right to claim the child as a dependent regardless if the non-custodial parent pays child support in recognition that the parent with custody generally spends more time and money on caring for the child.
talk to a judge and tell him/her that you don't want to live with your mom no more!! tell them why and tell them you want to live with your dad!!
Can a grandchild state she wants to live with grandparents?
Yes, if the child has not yet reached the age of majority in the state or country where he/she resides. Otherwise, a custody modification may only be done with the approval of the court and/or with permission of the parent(s) or guardian with physical and legal custody.
In the United States, age of majority varies by state. In most states, it is 18 but can be 19 or even as high as 21.
What is the age a child can choose custody in Virginia?
Virginia law has no provision for a child to make a decision about which parent to live and visit with at any age.
Once custody has been determined 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.
A child is free to decide which parent to live with in every state once they have reached eighteen years of age.
Yes he can. The birth certificate does not give him parental rights, only the court can when he presents the DNA result. But if the mother is in the picture it will be shared custody at the most unless she is unfit.
What is the difference between temp guardianship and permanent guardianship?
Temporary guardianship is supposed to be a shorter length and not permanent. Full guardianship assumes responsibility for a child until age of majority, usually age 18.
A temporary guardianship can be allowed when the person needs a guardian for only a short period such as when the parent(s) will be out of the country or while a person will be incapacitated for a finite period due to medical reasons. There are a multitude of reasons the temporary guardianship can be allowed. A temporary guardian is sometimes appointed in an emergency situation while the permanent guardianship is pending. Also, a guardian can be appointed for a person of any age who is incapable of managing their own affairs.
Who has legal custody of a child of a unmarried couple in Wisconsin?
In Wisconsin, the legal custody of a child born to an unmarried couple is officially with the mother. However, it is possible to arrange a second-parent adoption so that both parents are legal guardians of the child.
Neither the court nor the father can force the non-custodial parent to take advantage of their visitation rights. The custodial parent can return to court to request a modification of the existing visitation order if the parent continues to violate it. It's not fair to the child to continue to be prepared for a visitation that doesn't take place.
Neither the court nor the father can force the non-custodial parent to take advantage of their visitation rights. The custodial parent can return to court to request a modification of the existing visitation order if the parent continues to violate it. It's not fair to the child to continue to be prepared for a visitation that doesn't take place.
Neither the court nor the father can force the non-custodial parent to take advantage of their visitation rights. The custodial parent can return to court to request a modification of the existing visitation order if the parent continues to violate it. It's not fair to the child to continue to be prepared for a visitation that doesn't take place.
Neither the court nor the father can force the non-custodial parent to take advantage of their visitation rights. The custodial parent can return to court to request a modification of the existing visitation order if the parent continues to violate it. It's not fair to the child to continue to be prepared for a visitation that doesn't take place.
What are the Virginia state laws about child custody?
If the parents are unmarried, the mother has custody of the child.
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 or by admitting his paternity through court. A paternity test can be arranged through the court. Once paternity is established the parents are obligated to try to come to some arrangement for custody. The parties should try mediation and should be represented by attorneys if the proceeding is contentious. If they cannot come to any agreement the court will decide and will base its decision on the best interest of the child.
See related link.
If the parents are unmarried, the mother has custody of the child.
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 or by admitting his paternity through court. A paternity test can be arranged through the court. Once paternity is established the parents are obligated to try to come to some arrangement for custody. The parties should try mediation and should be represented by attorneys if the proceeding is contentious. If they cannot come to any agreement the court will decide and will base its decision on the best interest of the child.
See related link.
If the parents are unmarried, the mother has custody of the child.
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 or by admitting his paternity through court. A paternity test can be arranged through the court. Once paternity is established the parents are obligated to try to come to some arrangement for custody. The parties should try mediation and should be represented by attorneys if the proceeding is contentious. If they cannot come to any agreement the court will decide and will base its decision on the best interest of the child.
See related link.
If the parents are unmarried, the mother has custody of the child.
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 or by admitting his paternity through court. A paternity test can be arranged through the court. Once paternity is established the parents are obligated to try to come to some arrangement for custody. The parties should try mediation and should be represented by attorneys if the proceeding is contentious. If they cannot come to any agreement the court will decide and will base its decision on the best interest of the child.
See related link.
What are the grandparent rights?
Depends on what state you live in. In VA Grandparents can have visitation rights just like a biological father, if they show they can and have cared for the child while in their care. ........................................................................................................................................ I live in Ohio and 4 yrs ago got grandparent visitation for my grandson. I had to have the mom and dad sign the papers and in doing that I didnt have to go to court which save money. I heard they changed the law since then but I am not 100% sure. Grandparents should have rights to see their grandbabies. We are an important part of their lives. Can you imagine your life without your grandparents??? I know I could not...........
How do you obtain a birth certificate copy of a child born in America to Indian parents?
Contact the Vital Records of the State where the child was born in.
Can you move out of state if you have sole physical custody but joint legal custody?
No. First you need the consent of the other parent and the visitation order modified by the court. You cannot interfere with the other parent's rights and by moving you would be interfering with visitations.
No. First you need the consent of the other parent and the visitation order modified by the court. You cannot interfere with the other parent's rights and by moving you would be interfering with visitations.
No. First you need the consent of the other parent and the visitation order modified by the court. You cannot interfere with the other parent's rights and by moving you would be interfering with visitations.
No. First you need the consent of the other parent and the visitation order modified by the court. You cannot interfere with the other parent's rights and by moving you would be interfering with visitations.
Which state would the mother file for child support when the father lives in a different state?
My child's father left state for two year can he take my child for a week if i say no?
How do you stop court ordered child support?
My Sons no longer live with me and when the checks come I just sign the back and return to their father who they live with. We both agree to just contribute when needed. Do we have to go to court?
Can a mother keep the baby from the father without going to court?
Generally, if the parents are unmarried, the mother has sole custody until the father establishes his paternity legally. Until then she can refuse visitation. However, when the father's paternity has been established he can request custody and/or a visitation schedule. He will also need to pay child support if the mother retains physical custody.
A married mother cannot keep the child from the father without a court order to that effect.
Can a single parent waive child support?
Yes. If the parent ever need financial help from the state, they will come after child support from the non-custodial parent first.
Does a child have to visit a parent who is not home and boyfriend has to care for the child?
Yes. The only way to stop visitation is for the court modify the original ruling, but they will need strong evidence that it would be detrimental to the child to continue going to visit the other parent. If the child is refusing to go, the first thing you should do is to find out why your child doesn't want to visit the other parent.
You can hire an attorney and take your ex spouse to court if you believe your child is being abused. But you will have to present real proof; a judge can't, and won't, make a determination based only on heresay. A large reason for that is many parents have used false allegations of abuse as a weapon against their ex spouses, doing it purely for personal, vengeful reasons. Judges have seen many parents who have "coached" their children in what to say, just to get back at their ex spouse.
In most cases a child does need both parents, but there are always exceptions to the rule. The courts realize there are parents who do abuse their children, or allow the child's step parent to abuse the child, so you will need to present the facts as clearly and concisely as possible, keeping to the issues at hand.
But the courts also realize there are parents who will make false accusations towards their ex spouse based on their own personal feelings, even when there is no abuse involved. You can't use your personal dislike of a parent or step parent as a basis for any allegations.
So if you feel your child is being mistreated in any way, the best thing to do is to take the case to court, and be sure to have as much proof as possible. The proof can include photos of physical abuse, such as bruises, etc., witnesses who have seen or heard physical or emotional abuse, the child's testimony (in private chambers, depending on the child's age and circumstances, but usually with both attorneys present).
School records can also help, including the teachers, school guidance counselor, or school nurse; they are trained to detect even the smallest changes in a child's behavior. If the child's grades go down or if the child's behavior changes, they will have noticed this, especially if you have already talked to them and explained the situation, asking them to make note of the child's behavior.
Also, be sure to document things your child says and does when returning from the other parent's home. Don't coach them in what they say or do, just be sure to document what they say or do on their own. That doesn't mean you shouldn't ask your child things such as "Did you have a good time with your dad", or something similar.
That will be an opening for your child to tell you how he or she was treated, things that may have happened to upset your child, inappropriate things they may have been subjected to, such as porn, vulgar language, etc. In other words, do all you can to be prepared and to present the facts as they are to the court.
You also have to consider the possibility that the child may have more rules at the other parent's home, which the child doesn't like. Often, children want to be with the parent who is more lenient, or allows them more freedom to do the things they want to do. Some parents, after divorcing, tend to become the 'fun' parent, thus making the other parent seem too strict when, in fact, they are merely doing what good parents to - enforcing rules for safety, health, academics, etc. If this is the case, then the child needs to be taught those rules are in place and enforced only because that parent does love them.
Yes. Section 304-5 states that any minor unaccompanied across state lines by his/her guardian will immediately be detained by law enforcement and fines for abandonment will be issued to the guardian. In some cases, foster care for the child may be mandatory immediately after detainment.
What is the legal age in North Carolina for a minor to choose which parent they want to live with?
At any age the child can make his/her wishes known to the Court. Until the child is emancipated, it is up to the Court to decide with whom he/she will reside. Although the Court takes the wishes of the child strongly into consideration, it is still the Court's discretion. Many people believe that at the age of 14 a child can pick a parent, but that's not factual. It is completely at the discretion of the Court.
AnswerA child is free to make that decision only after they reach eighteen years of age. Under eighteen years of age the child gets to decide if all the interested parties are in agreement. The agreement can form the basis for modification of the custody order.
If the parties do not agree then it will be up to a judge. The judge will consider a child's request but is not required to hear it nor obligated to honor it. The judge will render a decision that she/he has determined to be in the child's best interest. Judges consider a wide array of factors since children and parents who disagree over this issue are viewing it emotionally rather than rationally. You can read more at the related link.
Can an unwed mother deny the unwed father a paternity or DNA test?
No. No woman can by law deny a potential or possible father of a paternity test of their child(ren).
Can minors choose which parent they want to live with?
A teenager would be allowed to state who they would prefer to live with, and the judge will take their wishes (along with other things) into consideration, but it is the judge that makes the final decision, not the child. A child, as a minor, cannot choose which parent. He can be interviewed by the court and the parents can petition ofr custody, but the child himself does not get to choose.
How do you get custody of your children?
Canada
You just file for custody at the courthouse and then go to court. You have to serve the other parent with papers, but that's about it. If there's a reason you can't have custody, or it's been taken away, you need to prove that you've made an effort to change. (Parenting courses etc.) Otherwise, they decide based on what's in the child's best interests. Generally, the first court appearance is brief, they'll assign a court trial date, which you have to go to at another time. Get a lawyer if you can.
United States
If the mother has custody already he must prove to the court that she is unfit.
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:
Can a divorced father move out of the state of Florida without the mothers permission.?
An unwed mother is, in all U.S. states legally presumed to hold sole physical and legal custody of a minor child until such time a court rules otherwise. That being the case, she can relocate if there is not a custodial order in place that prevents such action.
It would be wise, however on the part of the mother to notify the biological father of the move and to keep in touch with matters concerning the child. This is especially important if there are child support or custodial issues in the future. Such action shows good intent on the part of the mother to keep the father a part of the child's life.
It goes without saying, if there are mitigating circumstances such as a history of domestic abuse the mother should take whatever precautions necessary to protect herself and her child/children.
If a state law and a federal law conflict - which law must be obeyed and why?
The Supremacy Clause (Article VI, Clause 2) of the United States Constitution declares that federal laws are the "supreme Law of the Land." Hence, state court laws are inferior so long as the federal law is valid (constitutional).
Given the split jurisdiction between federal and state sovereignty set up by the Constitution, one major point of contention is the 'in pursuance thereof' phrase in the Supremacy Clause. This means that it is not always possible to make a federal law in certain areas - that is, certain areas of law are reserved solely for the states to regulate, and any federal law in that area is unconstitutional. Defining this split of exclusive jurisdiction is the job of the Judicial Branch via interpretation of the Constitution, and has changed over time. In any case, the Constitution itself retains supremacy, so even if federal law is forbidden in certain areas, the Constitution itself always is supreme over any state law.
Example of federal law supremacy
An instance that comes to mind right away is when State laws violate a person's federally enforced rights. Since the passage of the Civil Rights Act of 1964 and the Voting Rights Act of 1965, states are not allowed to have laws that discriminate based on race and certain other factors, even through many of the additional voter eligibility rules can be set by states. Thus, states are forbidden to set voter eligibility based on race, gender, or age (18 is mandated), but, they can set it based on prior criminal record, mental health, etc, up until the federal government passes a law on those subjects, at which point, the federal law takes precedence.
Example of state law supremacy
An instance of this latter case (where there is no federal jurisdiction, but states cannot pass un-Constitutional laws) is the content of Education. Educational curriculum is set by the states - while the Federal government can provided funding if certain other criteria are met, the final say on what curriculum a child is taught is up to the states. However, no state law can violate the Constitution - thus, a state cannot mandate the teaching of a religion in its schools, since that would clearly violate the 1st Amendment to the Constitution.