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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
As a means of punishing him for moving on with his life? Alimony would have been ordered at the initial divorce, not later.
The relatives can get custody if both the mother and father are rejected by the judge as fit parents. I have seen it happen, the best thing to do for your case is to document everything. If the mother does something that proves her unfit to be a mother, write down dates and times, keep a journal and present it to the judge. Are the mother and child U.S. citizens? The issue of the father being an illegal foreign national does not necessarily mean he will be subject to deportation or to the loss of custody of his child. Although any interested party may give testimony at a custodial hearing, the judge makes the decision as to whether or not a parent(s) is unfit based on the information acquired by the department of family services investigation. There is no way to predict what a judge will decide as the decision is based upon the best interests of the child and not on the preferences of other persons.
Can you refuse to answer custody interrogatories?
You can but it would not be wise. The Custody Interrogatories Form in the state of N.J gives the judge a idea of how you plan on rasing the child if you were awarded custody.
Should a custodial mother file a child support modification when her child was legally adopted?
Who legally adopted the child?
If the mother's new husband legally adopted the child, then the biological father's parental rights had to be terminated first. Which means that the biological father is NOT obligated to pay child support anymore. The new adoptive father has taken on all rights and responsibilities for the child.
What does motion to modify parent child relationship mean?
Pretty much exactly what it says.
The most common use of the term refers to a legal request that a court change the visitation or custody terms in a divorce decree.
What can a married father do if his wife moves out and won't let him see his child?
He should go for full custody, but, give her visitation rights.
No, if you are her guardian (you have custody) then she cannot do that until she is a legal adult.
If your ex-wife is not covering the children and is under court order you can take her back to court for contempt. You can choose to cover the children if you want, you are not legally obligated to, but it is in the best interest of the child(ren) to have coverage.
AnswerThe courts may see the ex-wife as providing coverage via her husband, the step-father. This is something for the attorneys to decide, just in case you feel you haven't thrown enough money their way...Regardless, MOST (but not all)insurance companies go by the birthday rule, when determining primary coverage on dependent children. The person who's birthday falls fist in a calendar year is the primary coverage. Meaning if your birthday is January 5, and the childrens' step-father's birthday is March 1, then you are primary insurer via the birthday rule. This rule can be nullified if there is a court-order staing anything different. AnswerNormally if there is a court order provided by law the ins carrier will go by the court document. If the court document is stated that either natural parent should carry the ins as primary first then the other pickup as secondary then that's how the claim should pay. If the primary parent does not have coverage under their own name/ssn and is held under the step-parent, that is still considered as the primary. Birthday rule is really applied if the parents are still married but has separate coverage covering the dependents on each plan. If the parents are separated with no court ordered document then it is based on where the child resides. Your insurance carrier should have a book on coordination of benefits regulations that will throughly describe how cob should be handled in different cases.Can a 19 year old in college put non-custodial parent up for child support?
That depends on state law (or country if outside the USA) where the child legally resides. If the 19 year old is still a dependent under his or her state laws, only the custodial parent may initiate such an action. If the child is an adult as outlined by their state laws, they may initiate such an action.
Some states make no provision for supporting children beyond the age of 18 or graduation from high school, whichever comes first, other states mandate extended support and all states allow an initial support order to be modified to include extended support for a dependent child attending college. If no support order was ever in place, all states provide for a means of filing for support until the state's laws statute of limitations have expired for such an action to be initiated.
See why it's so important to include your location when asking a legal question?
What are the rights of a stepparent?
Legally, none. The law does not recognize stepparents as having any legal rights to make decisions for a non-biolgical minor child. Issues concerning discipline, financial obligation, etc. to the child are left to the married couple to decide.
There is no way this query can be adequately answered. It is suggested that the party who has been charged obtain legal representation as soon as possible and refrain from making any statements to any person(s) until that has been accomplished.
What do the Rolloff children do for a living?
The Roloff children, known from the reality TV show "Little People, Big World," have pursued various careers. Zach Roloff has worked in the family business and is involved in soccer coaching, while his twin brother Jeremy has ventured into photography and real estate. Molly Roloff has focused on her career in education and hospitality. Meanwhile, Jacob Roloff has explored writing and has a presence on social media.
A petition can be filed at any time, whether the child is in school or not. The courts may wait until school is out until making a decision, but filing the petition sooner rather than later is better.
The only thing he can do is counter her claims with evidence to the contrary. All the issues you mention are factors that most courts use to deem a parent unfit. He should consult with an attorney who specializes in custody issues who can review his situation, explain his options and help him submit hard evidence to prove the problems no longer exist. The primary concern of the court is the safety and well-being of the child.
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:
- physical, emotional and sexual abuse
- excessive discipline
- failure to protect the child from abuse by others
- failure to report abuse of the child
- neglect- failure to provide food, clothing, proper hygiene, necessary medical treatment, schooling
- failure to provide proper medical care
- failure to provide day to day parental care
- serious illness or disability
- mental illness
- substance abuse or addiction
- alcoholism
- criminal activity and/or associations
- incarceration
- conduct or conditions that are seriously detrimental to the child
- abandonment
- child endangerment
- leaving the child unattended or in the care and supervision of a child or otherwise incompetent person
- a failure to provide adequate supervision
- unsafe living conditions
- a medical condition that makes it impossible for the parent to adequately care for the child
(1) The hearing of a motion is not set by the Clerk of Court, it is added to the court docket (calender) and will come up in due course.
(2) Only a judge can issue a contempt of court citation.
Sorry to say... but just from this question alone, you seem to be having some problem handling your case pro se. It might be wise to consult with legal counsel.
How does primary custody work?
If you have primary custody you rule the child's life. You're the parent in charge but the other parent may still be entitled visitation.
You really need to clear the arrangement with a lawyer and/or the court first to avoid any problems.
If your mom has custody of you but you want to live with your dad what do you have to go through?
well you can always go through the bad way and that's court and have like 5 or more people have your back its going to be hard...and you are going to tell them why don't you want to live with that parent and why you don't like it
As a single man, you have NO ASSUMED RIGHTS to the child. Watch the movie trailer about a single father.
If you are paying without a court order, it can be considered a gift, with you ordered to repay for the same time period, especially if she's on Welfare.
Take a certified parentingcourse. The court is going to order you to take it anyway, so by showing you've taken it only looks good to them.
Start keeping a daily journal of all your activities. The most common way to prevent a father from getting his rights through the courts is a false allegation. A daily journal is your number one piece of evidence in court and you can even refer to it while on the stand.
If you are being denied access, write her a letter notifying her of intent to exercisevisitation on a specific date, like Saturday 10 AM to 6 PM. Sign it and make three copies. Mail the original Certified Mail and the other with Delivery Confirmation (75¢ + postage). If she rejects the one, she still receives the other. Whether the Certified Mail confirmation card or the Certified letter comes back, attach it unopened to a copy of the letter, plus a printout of the Delivery Confirmation from the web link below.
When you file for visitation rights, take these documents to the County Courthouse. Have the Clerk of the Court notarize it and than place it in your case file. Do this three times before considering going to court. When you do go to court, the judge will these letters while preparing for the hearing.
When you show up to pick up the child(ren), bring witnesses. Do not enter her place alone. If you can record, have someone video record. Check the site below to see if it is illegal to record audio and/or video without the mother knowing. If her state does not have a law either way, than it defaults to the federal ruling, which says one person in a conversation, must know they are being recorded. THAT'S YOU!
The court will order you into mediation, so take the lead first and suggest it to her. Instead of hiring attorneys, going to a mediator, you can hammer out an agreement. A mediator is an attorney or paralegal with certified training as a mediator. You each have to pay half the fees in order for the mediator to have the appearance of being unbiased.
If you and the mother are civil, consider Bird Nest Custody. In this the child lives in one home and each parent live there for 3-4 weeks, than switch. You live with friends, family, rent a room, etc. on the off time. In this manner, your child's life is not disrupted. They are not being shifted back and forth. They keep their own room, friends, school, etc. It is hard on the parents, but than the child comes first. This is the form of custody rocker Ted Nugent had.
If you want to learn how to do all this go to Dads House, an educational forum in Yahoo Groups. Upon joining, you will receive a link to a free educational manual that can teach you what you need to know. Take the time to learn what you can and should do.
Is losing custody the same as terminating rights?
Not at all. Terminating parental rights is a court process by which you either voluntarily relinquish your parental rights or there is serious danger posed to your child such that the court does it without your consent. Either way, when parental rights are terminated, the parent has no more rights to the child. Losing custody can be a temporary thing and does not change your parental status.
see link
Obtaining guardianship only requires a notarized letter. Full custody requires approval by the courts, which can be achieved easily by using a Certified Mediator to put together the agreement, than registering it with the court. Is there no separated parent to take the child? see link below
