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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

What rights do you have as the unmarried mother of children who have their fathers surname?

If you were never married to the father then you have all the parental rights until the paternity of the father has been confirmed by DNA testing or by his signing the birth certificate. Once paternity has been established, you should petition the court for a child support order and a visitation schedule so that the father will be officially financially responsible for the support of the children and also care of the children. He could also petition for custody.

You should consult with an attorney in your jurisdiction who can review your situation and explain your rights and options. If you cannot afford one then inquire at the local family court to see if there is a legal advocate who could help you.

What is the number to call the cops?

For an emergency in the U.S. you call 911. For a number for the police station to call the police in a none emergency, every town has a different number for their local police department.

The mother of my daughter filed a restaning order will tha help is the custody battle?

The bigger issue than simply filing for a RO/PO would be if the judge granted it. The order could have a bearing on custodial matters depending upon the reasons for the order being granted, such as threatened violence or a history of previous physical abuse, etc.

Would a father get every other weekends if tested positive for weed?

If getting tested positive for an illegal drug? No.

Parents try to keep their kids away from people using drugs.

How long does a guy usually take to tell his ex-wife and kids that he has a girlfriend?

some guys never tell there wife and family unless they are planning to leave. If hes planning to leave in order not to hurt anyones feelings he shouldn't even say he has grl friend he should just say hes unhappy and wants out. But there is no awnser for how long it would take a guy to tell his family he has a grl friend.

IF your the grl friend and ur married boyfriend keeps telling you hes going to tell his family and is putting it off, chances are hes not going to. Decide for yourself ... if you still want to be with him regardless if he tels his family or not then u can take off any time limit and just be with him regardless maybe it will happen maybe it wont but in the mean time relax and keep your eyes open for someone else whos single and doesnt have to so much baggage.

If you will not be with him anymore unless he tells his family then give him an ultimateum. Set a date say to him if you don't tell your family by such and such date its over and u have to stick to it and mean it don't listen to his excuses.

Also think about this if he should leave his wife and kids to be w u, would you want to be with him for the rest of your life because you would owe him that for him leaving his family -and think about this could u really ever trust him. Think about wat he tells his wife to come and be with you ,, he prob says things like im goin to hang out w my friends or im working late and she believes him but you wont be able to. TRUST IS THE FOUNDATION OF ANY RELATIONSHIP WEN ITS BROKEN OR THERE IS NONE ITS NOT A RELATIONSHIP WORTH BEING IN.

How can I stop my child from seeing my ex's new family?

You haven't provided any reason for interfering with your ex-husband's new life. If the only reason is anger and a desire to make him miserable then forget it. You need to "get over it", and accept that your child is a member of another family now in addition to yours. Your request for advice reveals a problem on your side. Continuing to cause negative emotions associated with your prior relationship will only cause misery for everyone involved especially your child who now has more people who love and care about her.

Perhaps you should speak with a professional who can help you to move on. If you are causing problems for your child by trying to alienate her from her father and his new family, you could eventually lose custody.

What can I do my daughters mother took her to Mexico and told me she would be back this month she hasn't came back yet or called i signed to were she could take her is the anything i can do?

Unfortunately, even those countries that are signers to the Hague Treaty on Child Custody, they do not honor it when it comes to father custody rights. This includes the US. Only Cuba honors the treaty equally, except they never signed it. You will need an attorney that specializes in international cases.

Can a custodial parent with only joint physical custody sue a school district on behalf of his child?

No. Physical custody does not give you the right to bring a lawsuit on behalf of the child. The parent(s) with legalcustody must be the one to sue.

Can an adult child be held responsible for a parent who gave up custody of them?

Giving up custody does not automatically strip all parental rights, but in general, no adult is legally responsible for another adult unless it comes to jointly signed contracts, in cases of marriage in community property states, you are the person's legal power of attorney, designated as the decision maker in a living will, the parent's legal guardian or will probate (if an executor of a deceased parent's estate).

You would have to add more details in the discussion area for a definitive answer.

Is child support increased if a child wants to live only with the custodial parent?

It doesn't matter what the child wants. It only matters what the court decides is in the best interests of the child. If it is found that awarding sole legal and physical custody of a child to one parent is in his or her best interests, child support may be increased accordingly.

Can you press charges against the father for not returning your children back and he now has sole custody?

Sole custody is a legal status that is determined by a family court. If the father simply took the child and keeps him from you that doesn't mean he has sole custody. Pressing chargescannot be discussed due to the lack of details.

United States

This is a legal problem. In the United States there are laws and guidelines that govern domestic issues and no person must try to solve this type of problem on their own. The laws provide checks and balances to protect the legal rights of the individual from abuse by stronger individuals.

Since details about marital status or any existing court orders were not provided, the following is a brief general summary to help the mother plan a strategy to enforce her legal rights.

  • An unmarried mother has sole custody of her child until that status is modified by a court order. The father must establish his paternity through the family court and then obtain a court order to establish his custodial rights. He may petition for joint custody or sole legal and physical custody if he believes the child would be better off with him. The court will render a decision based on the evidence.
  • If the parties are married then each has equal parental rights and the father has no right to keep the child from the mother without a court order.
  • If the parents are divorced the father is keeping the child from his mother without the legal right to do so unless he has a court order that supports his actions. In this case, his keeping the child from the mother would be against the law.

The mother should contact an attorney or a legal advocate at the court immediately. She may be advised to request a restraining order and to have the child returned from the father's home. The state laws must be applied in this case and the court will render its decision based on those laws.

Who pays for DNA test when court ordered?

If no paternity test was ever done can someone have the court order a DNA test?

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