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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 you lose your son because you live with someone?
Not normally, but if the person you are living with may harm your son then the authorities may decide you son needs to be removed from your home.
Can a parent get a no contact order against the other parent without that parent's knowledge?
A no contact order is a form of civil protection order issued by a court. The court is required to give notice of the hearing to the other party. If an order is issued by the court the defendent will be notified and will be served with a copy of the order.
this you can do by your self, go to the court house and file for custody of the child and then go to a lawyer, your'll need them then. The procedure is to file for guardianship of a minor, custodial issues pertain to biological parents. Filing for guardianship is not a complicated process. Contact the clerk of the family or domestic relations court in your county, or simply call the information number of the county court. Abandonment laws are established by individual states, most states only consider abandonment when a minor child has been left w/o adult supervision in an environment that constituted physical endangermnent. The judge may allow such an issue addressed at the guardianship hearing, or you can contact state social services for more specific information.
What are the grounds for a child custody change?
As part of a divorce proceeding the court makes a decision about custody if the parents cannot reach an agreement. If one parent has custody, and the other parent feels that there is a major problem, they must go back to court and provide evidence that the custodial parent is unfit and the custody should be changed. A parent can lose custody and even visitation rights at the judges discretion, depending on the evidence presented including:
- a drug/alcohol problem that they cannot get under control
- proof that the child is being neglected repeatedly (no food, left unsupervised, left in the presence of someone who is abuseive/neglectful)
- proof that the parent is a risk to the child (charged with risk of injury)
- proof that the parent is physically or sexually abusive
- proof that the parent left the child with someone who is physically/sexually abusive.
- if the parent is living or married to a registered sex offender (depending on circumstances)
Some things however are more difficult to prove than others. If the parent was caught with illegal narcotics in the house with the children in the house, that is almost always custody change. The arresting officer is required by law in such cases to notify child protective services. Once they are notified they can take the children and if the other parent does not take custody they will hold the children in foster care. Often they will assign temporary custody to the other parent until they can win permanent custody in court.
Keep in mind that what you may think is unfit may not be the same to someone else. The court will decide. Unfit is usually indicated by inadequate supervision, negligence of hygiene and diet, not getting immunizations, abuse or neglect and it has to be a demonstrated PATTERN - not an isolated event unless that is very serious.
actually it doesn't matter i would just choos a place that has food water and shelter insted of being greety
Mom never goes after chld support 17-year-old wants to go after her fathers child support can she?
You should speak to a social worker at the Family Court in your area. Go down to the court and speak to someone at the desk at the court. Tell them about your situation and that your mother has not been willing to pursue a child court order in the past. You are entitled to support from your father. Perhaps the court could help you get some support from him that you can use toward college expenses. You must obtain a court order for support so you need advice from the court on how you can proceed.
Does a father still pay child support if he assumes custody for one of two children?
You will need to take this up with the courts to get the original custody order changed.
I'm 4 months from 18 can i move to my dads house?
Only if your parent (s ) sign a special paper to let you move otherwise no you can't.
Unless you have custody or legal gaurdianship, Grandparents carry no rights to their grandkids. * If the grandparents do not wish to keep taking responsibility for the child they should contact the state's department of children and family services for assistance. Please be advised that when a report is made the agency is required to conduct an investigation of all involved parties.
My mom was able to get a restraining order on my father when i was 15 and i wasn't allowed to see him because he had a criminal record. i swear it's possible. however if u have jiont coustody i can't tell u. but, if u really want to keep ur kid, i would look into getting a restraining order against ur ex for the child. but when ur child is 18 like me he/she may decide to visit ur ex and that would be ok even if u have a restraining order for them. it didn't stop me. so it'll be tuff.
The criminal record is not relevant to this issue. Ex-criminals are considered fit parents unless proved otherwise.
Sex-offenders would be an exeption, but if that were the case you'd be very unlikely to have been awarded joint custody so we assume the justice system has considered his record and found it not relevant to your custody arrangement. Given the age of the child it would be difficult to oppose the change in arrangements. Courts will apply a sliding scale and as the child approaches adulthood the wishes of the child are taken more into account. Fifteen is pretty mature.
If it went to court you would need to prove that the move is not in the best interests of the child and in that regard the character and parenting ability of the father would be relevant. But if he has served his time the criminal record isn't going to help.
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The person that the women states is the father has rights until otherwise proven. If the father does not feel the child is his he needs to get a test done. The father though needs to realize that he should also take on the finanical part that he and the mother agrees to. Paternity tests can be done though online companys that will send you everything you need with instructions. The results can be received from there website. They can also find a lab within their own town that will do the test, but they are more expensive than the ones you can order. If either parent has any doubt they need to get this done as soon as possible so it will be less painful when they results come back.
I want to change my mind on the voluntary termination of parental rights papers I signed?
You will need to go back to court.
Typically if one parent is primary, and the other parent has visitation rights that is less than 40% of the time, you may have joint custody. In this situation, the children may live 60% or more of the time with one parent, but both parents make decisions regarding health, education, and religion for example.
If you have a 60% - 40% up to a 50% - 50% then this is shared custody.
What are the terms of visitation Guidry finally agrees to?
In the story, Guidry ultimately agrees to visitation terms that allow for supervised visits with the children, ensuring their safety while fostering a relationship. The schedule includes specific days and times for these visits, with a neutral third party present to oversee the interactions. This compromise reflects a balance between Guidry's desire to connect with his children and the need for parental oversight.
In tn if the child moves out of custodial house but still in school are they consider empanciation?
Emancipation generally means that the child is self-sufficient.
What happens if your supposed to go to court for child support in a month but you just got laid off?
Bring documentation of the layoff to court with you and any documentation you have filed for unemployment. Bring proof of any income you have coming in. Be sure to show up at the hearing so you can inform the court of your present situation and reflect it on your financial statement. The court can make temporary orders that will stay in place until your situation improves and you can afford to pay more.
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What is the time frame for child abandonment so father can gain full custody?
A child does not need to be abandoned by their mother for a father to be awarded full custody. If the father can demonstrate before a judge that the mother is unfit to parent, the judge can award him full custody of the child.
Sit both of your parents down and tell them how you feel. You have no right to decide by yourself until you are 18 so this is your best chance.
What age can you say who you want to live with?
im not positive but i think you at least have to be 14 at the youngest.
In what states can parents give their child a handgun?
It depends on how old the child is and what you mean by "give." In the U.S. a person has to be 21 or older to own or purchase a handgun, but people under 21 can possess handguns for various legal activities, for instance, target shooting or hunting.
you have no idea how many times these rules are reversed, father's paying and not getting to see the children. your concern should be for the best interest of the children. they deserve to have a relationship with their father. If the father is blatantly not seeing the children over a period of time, file a motion to modify the visitation schedule and a motion for contempt, for nonpayment of support. you see, this is not a moral question but a legal one.
IRS Deduction
Regardless of any custody agreement, or court order the IRS has it's own definition of who the custodial parent is. Section 152(e)(4) defines custodial parent as the parent having custody for the greater portion of the calendar year and noncustodial parent as the parent who is not the custodial parent. If you feel that the mother may challenge this, or attempt to claim the child as well you can also double cover your back by having the Mom fill out form 8332, which basically says "I am the custodial parent of this child, and I am giving up my rights to claim the child this year. It can be found at http://www.irs.gov/pub/irs-pdf/f8332.pdf
The IRS rule is that if you have the child for more than half of the year, and they literally mean 183 days, you are the custodial parent.
Time spent in Day Care and/or School is deducted from the total.
How does a non custodial parent force a custodial parent to provide a paternity test in Virginia?
If you are claiming that the custodial "parent" is not actually the child's father, you can submit a petition to whichever court (or agency) that granted him custody, challenging his assertion of fatherhood. In order to determine the child's rightful father, a blood test may be ordered to determine the validity of the charge. -CAUTION- if the custodial parent is the father named on the child's birth certificate this all becomes much more problematic.
Another Perspective
If the custodial parent is the mother and you as the non-custodial parent want to confirm your paternity you should visit the state family court with jurisdiction over your case and make your inquiry there. You could ask to speak with a legal advocate. You could also obtain a sample from the child and have the paternity testing done on your own and at your own expense. If you have the resources you should consult with an attorney who can review your situation and explain your rights and options.
You are addicted to pain pills and pregnant will your baby get taking from you?
Most hospitals screen for drugs and HIV/AIDS before/during pregnancy/birth... in the event of a positive result ..they are required by law to notify Child Protective Services... of course this law varies slightly from state to state... but every state has some protocol for exactly this type of situation.... as far as your baby being "taken" from you... it generally depends on the mothers willingness to enroll in a drug treatment program(rehab)... and depending on how addicted to opiates the child is when born, both will be major contributing factors in the courts decision to allow the mother to keep custody...
My suggestion is that you talk to your OBGYN and let him/her know what your situation is..ask your OBGYN to refer you to a treatment facility or doctor who specializes in detox for pregnant women...you may need to be hospitalized, depending on how severe your addiction is...doing this BEFORE you give birth, may save YOUR life..as well as the BABY's...this will also show CPS and the family courts, that you are trying to clean yourself up, and become a good mother to your child....which will give you the best chance at being able to keep your baby...
I have added some links about opiate addiction and treatment, during pregnancy:
http://ijahsp.nova.edu/articles/vol6num4/pdf/Tichelkamp.pdf
http://74.125.155.132/search?q=cache:IKCxduCCrqIJ:www.clearhavencenter.com/substance-abuse-treatment-resources/signs-of-Opiates-use.php+opiate+addicted+mother&cd=7&hl=en&ct=clnk&gl=us
And here are some links about the possible birth defects your child may suffer from, when born addicted to opiates:
http://www.encyclopedia.com/doc/1G2-3403100017.html
http://www.druglibrary.org/schaffer/Library/studies/cu/cu4.html
