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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
If your seventeen year old child moves out do you still receive child support on them?
Yes, up to the state requirements. see links below.
see links below
How do you get out of child support order you proved that you were not the father?
That depends on the child support laws of your state and how long you have been the legal or presumed father. In most states if you have been the legal father for at least four years it does not matter if you are not the child's biological father. You will still be held to be the child's legal father and required to pay child support unless you can locate the child's biological father. You have to actually file a petition in court to end your responsibility for child support and you really will need a family law attorney to assist you. The attached link has a family law attorney directory.
In most States you can file a Petition to Disestablish Paternity. You generally must be current on your child support payments to do so. With the DNA evidence you can get the child support abated if you are not the Father.
How do you stop your ex from moving over and over again?
File a motion to amend your custody agreement. State that neither parent can move more than __ miles from the other parent and if they do, they have to provide ALL transportation of the minor children to and from visitation.
Can a person obtain guardianship over a minor if parents sign over their rights?
Yes. If the parents sign their consent it is likely that the court will allow the guardianship after the situation has been evaluated.
Yes. If the parents sign their consent it is likely that the court will allow the guardianship after the situation has been evaluated.
Yes. If the parents sign their consent it is likely that the court will allow the guardianship after the situation has been evaluated.
Yes. If the parents sign their consent it is likely that the court will allow the guardianship after the situation has been evaluated.
Highly unlikely he would be given custody if the Court gets to hear about that.
In most cases custody agreements are never final, but can be modified as circumstances change. However, if a custody order stipulates that the parent with primary physical custody cannot move from the county, it is necessary to petition the court for permission to move before moving. To build a case for the move before going to court, the custodial parent would most likely need to show that there is a good reason for the move (e.g. a better job or better living situation). That the move will not interfere with the access of the non-custodial parent (e.g. moving from Los Angeles County to Ventura County might not be a problem for the non-custodial parent. If the non-custodial parent is supportive of the move, that should make getting court approval much easier. If the two parents have good communication, the parent with primary physical custody might benefit from laying the groundwork by talking to the non-custodial parent before petitioning the court. That way questions like what school the child or children will attend in the new location, when and how the non-custodial parent will visit or pick up the child, etc. can be worked out in advance. In all custody cases the judge's responsibility is to protect the best interests of the child. Parents wishing to convince a judge should remember to frame their case in terms the overall benefits for the child or children involved.
If a couple is unmarried in Alabama do you have to give the child the father's last name?
No, but the natural father can petition the court for the name to be changed. If you are not hiding the child's paternity out of fear for you or the child's life, or some such other domestic violence situation, then he will win.
When can a child care worker refuse to allow parent take child?
Presumably, the custodial parent is the parent who has arranged for the child care and is the person who normally delivers the child and picks the child up after work. The child care worker can refuse to allow a parent to take a child if the custodial parent has provided a copy of a court order showing that the custodial parent has legal and physical custody. No unauthorized person should be allowed to take a child from day care.
Can a person be sue for custody that does not have custody of a child?
Yes, Please contact a lawyer for more information
No. Godparents are appointed by the parents for spiritual guidance in the parents' absence. They have no legal authority.
Guardians for a child whose parents are deceased must be appointed by a probate court. The godparents can apply to be appointed.
Unless you can get some evidence of the alleged abuse you may have to allow joint custody to be decided. Sometimes the only answer is to give it time. In the meantime, you might like to think about talking to your daughter about how best to confront her dad when he is attempting to abuse her. No need to frighten her unnecessarily but telling her to call the police, run to a neighbour or even just saying NO to her dad might work to stop the abuse in its tracks. I'm sorry, but you have chosen this man to be the father of your child. Now you're both stuck with him. It's up to you to make the best of it.
The parent and child should be prepared to offer specific evidence for curtailing the visits. Perhaps the non-custodial parent and child could instead meet for dinner each week away from the negative environment. Provide the court with enough evidence to make a fair determination.
This matter should be addressed as soon as possible through the court system before the non-custodial parent has the time to file a motion for contempt against the custodial parent. That would change the nature of the dispute.
File a motion for modification ASAP.
It isn't that the police won't help you, they can't. This jerk has paid his debt to society and will probably end up back in prison again. Until that time the police are powerless by law to do anything. You could hire a lawyer and take your child's father to court and win full custody. I am sure the judge would lean in your favor.
Good luckMarcy
His rights are only questionable if he is seriously and directly abusing his child. If he is not then give him a break, he just got out of prison and probably feels pretty abused. Don't get angry. Give him love. With the number of fathers who abandon their children, he should be respected for wanting to care for his child. Listen to him. Provide support and try to help him be a good father. If you are trying to take his baby away it's natural that he will threaten you. It is a serious crime against GOD to separate fathers from their children. Even a drug dealing, gun toting father is probably better than none.
Obviously there is a problem with how the "threat" is being defined by the involved parties. When anyone is threatened with physical harm, they must be willing to file charges and aid in the prosecution of said person. Police can only take action when (if) the person is physically injured, it isn't that they don't care, it is the law. The issue of terminating parental rights is not decided by either parent but by the court, a judge will only issue such an order if the child is abused or neglected by said parent(s). If there is evidence to prove a parent is unstable, it is still unlikely parental rights would be completely terminated, it is more likely the parent would be required to participate in supervised visitation.
It depends on how old she is. If her parents are cool with it, then it is completely fine. If your sister is 17, then she has every right to live with you because in the law's eyes she is an "adult" and is capable of making her own decisions. Im 28 and my brother is 14 my father is and achoolic we need to get better, my brother and I think its best for him to stay here, and he has been residing here all summer.
Parents Breaking Up-What can a child or children do in regard to this?
Not knowing the specific of the individual reasons for the decision of parents to breakup up, trying to tell a child or children how to deal with it would be difficult in the least. The primary problem with the break down of the family is not the immediate affect, but the long term, and ultimately, its affect on society as a whole.
What we can start with is educating them on those long term affects. Yes, even parents need to be taught lessens, and who better than their children, so let's start with some reference articles (see links below):
"We know that children of divorced parents have more emotional and behavioral problems and do less well in school than children who live with both their Parent."
Divorce, Nontraditional Families, and Its Consequences for Children
Stanford University, California
"Georgia Supreme Court Chief Justice Leah Ward Sears has noted, children born to unmarried women and to those in cohabiting relationships "must often overcome increased risks of poverty, education failure, child abuse, delinquency, emotional distress and mental illness."…….the lack of a father's guidance in children's lives is a major cause of their suffering. "Marriage is the best child welfare, crime prevention, anti-poverty program we have,"
All Children Deserve Two Parents
The Herald-Gazette, Georgia
"Ominously, the most reliable predictor of crime is neither poverty nor race but growing up fatherless."
Fatherless Families & Crime
Fortune Magazine
If you have the money, you might want to buy one or more of these books to give your parents, or just give them the list (See Links Below):
- 10 Stupid Things Couples do to Mess up Their Relationships
- 10 Stupid Things Men Do to Mess Up Their Lives
- 10 Stupid Things Women Do to Mess up Their Lives
- Stop Whining, Start Living
- Stupid Things Parents Do to Mess Up Their Kids
- The Proper Care and Feeding of Marriage
- Woman Power: Transform Your Man, Your Marriage, Your Life
If your parents are intent on this, than consider asking for Joint Physical Custody of them, rather than the other way around, or worse, living with one parent, while "visiting" the other.
Instead of "LIVING" or "Visiting"one of them, they can LIVE WITH YOU, and your siblings. You remain in the home, and each parent can live there for three weeks, than switch. Once a week, the parent not in residence takes you and your siblings out for an evening to dinner, bowling, etc. While in resident, the parent does not date, nor have overnight guests, other than relatives. This includes after work drinks, or staying the night elsewhere, while you have a sitter. Other than going to work, their time in the home belongs to the children, solely.
On the off weeks, the parent rents a room, stays with relatives or friends, or they can split the cost of a two-bedroom apartment that they share, with each having their own secured room.
The priority here is that YOU, THE CHILDREN, not having your lives disrupted by the poor choices of your parents. Your parents' lives are equally disrupted, and they split the cost of being in the home, or a percentage, using child support guidelines as an example. If child support is ordered, both parents can pay into a Trust Fund that pays the household expenses, in accordance with Federal Regulations. Anything over and above those expenses remains in the fund to collect interest. It can be used in emergencies, and/or for college educations.
You keep your own rooms, friends, and schools. There's no shifting back and forth, packing bags, and making new friends. There are no arguments over not wanting to go visit the other parent, for the weekend, because you have a date, a school function, or some other event.
In addition, less likelihood of either parent remarrying, having more children, or dealing with stepparents, step-siblings, step grandparents, etc. Your parents remain dedicated to you.
In the final sense, perhaps they will relearn what they once had, and why you exist. You could become the glue that puts the family back together.
When you are grown, and completely out of the home, than the home (if owned) can be sold, or whatever the parents want to do with it. They can than move on with their lives to do whatever they want.
This is called Bird Nest Custody.
YOU, THE CHILDREN, REMAIN IN THE NEST, AND EACH OF THE PARENT BIRDS TAKE TURNS BEINGS THERE.File a motion to challenge custody, but if you have contact with the child, you can do it with a simple test bought at a pharmacy. It will not be admissible as evidence, but if it comes back negative, you will not need to go to the extra expense. Only two samples are required.
see links below
Yes. Another man is not going to have to pay for your child just because he is married to the mother. Only the biological parents pay for their child.
Can a unmarried mom take kids and have no contact with father?
Unless he has gone to court to get his parental rights, yes.
In law a right has several different meanings:
- A right is something due to a person by a just claim, a legal guarantee or a moral principle.
- A right is a power, privilege or immunity that is secured by law.
- A right is a legally enforceable claim that someone will or will not do a certain act.
- A right is an interest, claim or ownership in property.
Beyond those fundamental meanings there are many more meanings in law that can be reviewed in a good law dictionary.
How long do you have to live in a state to file for child custody?
Six months, provided the separated parent has not filed an Injunction in the home state.
What is a good visitation schedule for a newborn?
I would have the other parent visit as often as possible so the child bonds with both but I would not recommend a newborn being moved back and forth between homes. The child interests and well being comes first and not the parents.
If you're in the US, he'll have the same rights as any other father. But, even if you don't voluntarily add him, it's a simple matter for him to file a petition with the court to establish paternity and if he is determined (via DNA testing) to be the father, the courts will order that he be added.
