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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

When can a child refuse visitation in Wy?

At age 18. A child should always be taught to honor the authority of the court and the need of a parent in their lives. see links below

What should you do if a child is so unruly that the parents can't keep them?

First of all I hope you have tried everything available like therapy and had the child medically evaluated for things like ADHD etc. If you haven't do so and also check with your state what help is available to get. No one wants to put kids in foster care or take them from their parents. You also don't write what age the child is which can make a difference and also what "unruly" actually contains. There are situation when the child wont go to school and a parent physically have to sit wioth them in school. Not forever but every day in the beginning. Talk to the school if they have any tips. It can't be the only child they have ever encountered behaving unruly. They are educated on children after all.

And if you have tried everything...check with your state. I know in some places there are families that can relieve you and the kid can stay with you and then with them and then take turns and maybe be able to change the kids behavior. It's important to find the reason for the behavior.

In the state of California can a step father sue the father for supporting his child?

No, only the mother can. On the reverse, should the father be able to sue the stepfather for aiding the mother in alienation the child from the father?

Is there a form letter your child can sign if they want to live with the other parent?

No. The only states with specific laws addressing this is Indiana and Texas. Beyond that, they simply have a right to express and opinion.

Can a kid get taken away from his parents if he does YouTube videos?

If a kid does youtube videos, it does not prevent the kid from being taken away from his parents for other reasons.

If a kid does youtube videos, and there is sufficiently objectionable content in them, that might warrant the kid being taken away from his parents.

Where find the act of emacipation of california?

Emancipation

As children enter their teen years and gain more independence from parents, both may have questions regarding the process, legal requirements and consequences of emancipation.

Emancipation is a legal way for children to become adults before they turn eighteen. Under California law, a minor may be emancipated by a court declaration of emancipation under the Emancipation of Minors Law , which provides that a person is an emancipated minor if they fulfill one of these three categories:

  1. The minor has gotten married with permission from parents and the court.
  2. The minor has joined the armed forces with permission from parents.
  3. The minor has received a declaration of emancipation from a judge.

California law states in order to get a declaration of emancipation from a judge, the minor have to prove ALL of the following criteria. The minor must be at least 14 years old, the minor must not want live with their parents and the parents do not mind if the minor moves out, the minor can handle their own money, the minor is employed and has a legal way to make money.

Once a minor is emancipated, his or her parents don't have custody or control of him or her anymore and they can do some things without parental permission, including: get medical care, apply for a work permit, and sign up for school or college. However, an emancipated minor must go to school, must get parental permission before getting married, and will go to juvenile court if they break the law. For more general information on emancipation,contact the Judicial Council of California.

Can a mother withhold contact information about his daughter while there is court ordered visitation and Child Support?

If by withholding the information she is preventing him from seeing the child she is in contempt of the court order.

Is it illegal for the mother to keep the father from talking with his son?

yes, i think it's illegal, because father has the right to talk with the son until the son could get hurt by his father . if the father is mad.

If a custodial parent gets married does there spouses income affect the child support?

This is becoming a questionable issue. In California, you are required to include the income of the Spouse or S/O, for both parents, in the child support modification questionnaire. see link below

There's been reports of other states considering this with the growing rates of fathers filing for reductions as a result of layoffs. See related question on ways to deal with this possibility.

My son's dad has had no contact with us and has paid no child support. My new husband wants to add my son to his health insurance so how can he become my son's legal guardian?

Your husband must legally adopt your son. You should discuss the situation with an attorney who specializes in adoption.

Your husband must legally adopt your son. You should discuss the situation with an attorney who specializes in adoption.

Your husband must legally adopt your son. You should discuss the situation with an attorney who specializes in adoption.

Your husband must legally adopt your son. You should discuss the situation with an attorney who specializes in adoption.

How long in rhode island does it take before the authorites get involved for back child support?

It depends on what you mean by authorities. As for filing a motion to enforce, the obligee usually needs to make the request of child support enforcement, however, due to the drop in the economy, and the number of out of work fathers owing child support, there is a severe backlog of cases. see link below

You told your daughter to go live with her dad after she cused you out and was out of control now she wont even speak to you and he keeps her away from you. It seems like you have no rights anymore?

Don't know how old she is but waiting too long without contact is never good after a fight. We say a lot of wrong things when we are angry and you both did. I don't know if you get along with her dad, but she knows everything that is going on and it shouldn't be two sides so she can choose when one side doesn't suit her because she doesn't want to deal with it.

Somehow you need to go there and say you're sorry you said those words, but you were angry after how she treated you. Her behavior was not acceptable either. Many times the mom is the one we fight with the most because she is always there and we are closest to her, especially as daughters. We trust she would never reject us. If you get to speak to her she might want to come home.

If he keeps you from seeing her you should get the police involved. Just because she's mad does not mean the custody agreement is not valid. Families get mad all the time. Then we make up. She needs to learn that just like she can loose her temper, and you forgive her for that, so can you. And her dad. We all say things we regret. Often kids and teens think parents are superhuman who are in control about everything or SHOULD be. They need to be reminded of that we are all alike.

ANSWER

One of the questions repeated posted on here, and other site, by mothers is whether they have to force a child to visit the father, despite court orders. They do as to do otherwise is teaching the child to dishonor the authority of the court. But, the problem you have is that you sent here without taking the proper legal steps to change the custody, access rights, and child support orders, thus the whole situation has been left up in the air.

These issues need to be addressed, transferring to him the official custody, and transferring to you the access rights and child support obligation. This can be achieved easily through the use of a certified mediator who will produce the agreement for registry with the court.

As for your current access, the police have no authority in this matter, especially as you lack current court orders. If you wish, I can write him about this, as I work with fathers. Click on my name below to access my profile and contact info.

When your kids are with their father does their stepmother have more rights than you?

No, as a biological parent, you should be entitled to more rights than any non-biological guardian, especially if you have partial custody, or visitation rights.

Who can you authorize to pick up your kids from school?

maybe the closest in your family that you trust the most

Another View: Actually . . . this question is worded in MUCH too general a way to be answered in specifics.

If you actually mean - sign your child out of school - or pick them up from school if they become sick - that would be up to the rules and regulations of your local school administration or, possibly the laws of your county or state. Customarily this will indluce ONLY those persons specifically authorized by you in writing to do so - EVEN IF the "unauthorized" person is a relative.

If you mean picking them up off of school property (e.g.: after school is out of session) and they are walking home or waiting for a ride, then that would depend on what or how you have instructed your child on who may be trusted or not.

THE DIFFERENCE BEING: When the child is in school, or on school property he/she is under the protection of the school administration. When the child is OFF school grounds then local laws (if any) prevail.

How does a 19 year old change it so they receive their child support rather than a parent?

You don't have rights to child support--it is paid to provide for your housing and food with the custodial parent while you are in school. If the other parent agrees to pay you a stipend when you move out, that is up to them.

In Arkansas can a noncustodial parent terminate rights?

Not without the permission of the courts and the mother, AND provided the mother is not, nor will in the future, collect AFDC.

Is it possible that you can be granted sole custody if your boyfriend provides more care because he is unemployed so he has more time with child?

Yes. It is possible you can be granted sole custody. An unemployed father is not necessarily the best person for a child to live with. You need to consult with an attorney who specializes in custody issues and can review your situation and explain your options.

In the US an unmarried mother has sole custody until the court has awarded custody rights to the father. It is the father who has to prove to the court that the child would be better off with him. If he is unemployed that is not likely.

General information regarding custody if the parties are not married:

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 by signing the birth certificate at the time of birth (waiving DNA testing rights) which must be done with mother's consent.

If he doesn't sign the birth certificate then he must seek another way to establish his paternity and that is done through a DNA test. A paternity test can be arranged through the court. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.

What laws would force a 15-year-old to return to the custodial parent's home if they ran away to the non-custodial parent's home?

It depends on the state, but most states have a certain age set where the child can decide which parent they want to live with. Usually, it is around 13 or 14, but it can be different. If your child hasn't reached that set age, then they must continue to live with the custodial parent.

Can i get custody of younger sister that was adopted last year and i was not notified?

Consult an attorney. If you are of legal age (over 18) and depending on your circumstances, you can petition to vacate the adoption and request custody. HOWEVER, many courts will be reluctant to reverse an adoption. You''ll need a good attorney to help you. But if nothing else, you will be putting in a court record your interest in the child's well-being and your complaint that you were not notified. In fact, you should make that petition ASAP--the longer time transpires, the less it will mean anything to a court.

Can I live with my father?

Minors are not allowed to choose with whom they wish to live.

That is a decision made by the court if the parents cannot reach an equitable solution as to who shall retain primary custody of the child/children.

A judge may speak with a child who is mature enough to understand the matter and consider the child's personal interest, such as schooling, friends, etc., issues that will not be discussed with the minor child are which parent the child cares for more, disciplinary tactics of either parent, and so forth.

The final decision of custody is based on what the judge believes to be in the best interest of the child/children and not on the preferences of any of the involved parties.

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