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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.

500 Questions

Can a 12 year old child in Oregon choose which parent they want to live with?

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Asked by Wiki User

In a Joint Legal Custody settlement, each parent receives equal time with the child. In some JLC arrangements, one parent is given "primary" custody by court order. The one who is designated "primary" is the one who collects child support from the other, if that kind of monetary support has been ordered by the court judge.

Sometimes parents can work things out for the best interests of the child - other times, the court must step in and make that decisions for them. It would make sense that the judge could hear the child's request - usually the kids are not in the courtroom when the final divorce decree is read.

Do grandparents have legal visitation rights in Wisconsin?

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Asked by Wiki User

Grandparents can ask for visitation to be granted through the court, but they are not automatically given visitation rights like natural/legal parents are.

Who has rights to the child if one parent leaves the house where the child lives?

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Asked by Wiki User

The remaining parent should consult with an attorney or an advocate at the family court immediately and file a petition for divorce and child support

The remaining parent should consult with an attorney or an advocate at the family court immediately and file a petition for divorce and child support

The remaining parent should consult with an attorney or an advocate at the family court immediately and file a petition for divorce and child support

The remaining parent should consult with an attorney or an advocate at the family court immediately and file a petition for divorce and child support

Can my husband who is not the father of my unborn child sign the birth certificate?

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Asked by Wiki User

yes,i think your husband can adopt your child.
Without notification, the father can challenge. The man need not have ever signed or seen the birth certificate to still be ordered to pay child support.

If you were never married to your baby's father do you have the legal right to move to another state without his permission or do you need to get permission from the courts first?

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Asked by Wiki User

A mother has sole rights to her children unless/until a court order is issued giving the father custodial rights. If there is not a custody order from the court the unmarried mother may take the child/children and move whenever, wherever she wants.

Can a mother stop the father doing a DNA test on a child when the fathers name is on the birth certificate?

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Asked by Wiki User

No, as she need not even know, unless it applies to child support. With a 30% paternity fraud rate, men should always check paternity. see link

If a man signs his parental rights away is he still obligated to pay child support?

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Asked by Wiki User

Relinquishment of custodial rights and voluntary termination of parental rights are different issues. A parent who wishes to be relieved of the legal and financial responsibility of a child must file a petition in the circuit court in the county of residence requesting parental rights be terminated. Usually a parent will only be released from parental obligation in order to allow the child(ren) to be eligible for adoption. In rare cases a biological parent will be allowed to voluntarily give up rights to their child and be released from all financial responsibility. Such decisions depend upon the laws of the state and at the discretion of the presiding judge.

Can a fathers rights be taken away if he cannot support his child?

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Asked by Wiki User

It is assumed that when the father of the child is residing with the mother and the child he is contributing to the support of said child.

If what is meant by the question is can there be a court order of support while the mother and child are residing with the father then, yes that is possible. However, it would seem to be nonsensical for such an action to take place. Unless the order were in place before the non custodial father began cohabitation. If that is the case, the current order should be adhered to regardless of the living arrangements.

If you live in Missouri and the pregnant mother of your unborn child moved to California from Missouri can you sign over rights and not pay child support?

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Asked by Wiki User

Nothing can be done until the child is born and paternity is established. If the male is not willing to acknowledge he is the father a paternity test will be necessary, before any litigation pertaining to child support, custody, visitation rights or the relinquishment of parental rights is possible. However, the issue of the biological mother moving to another state is not necessarily relevant; all states honor and enforce child support and/or visitation orders issued in another state.

How can you deny joint custody to an abusive parent?

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Asked by Wiki User

YOU cannot deny any custody or visitation. Only the court can make an enforceable decision regarding these matters. State laws vary.

If physical abuse is the case, the custodial parent will need a record of the abuse and should call the police, take pictures to record the effects, and try to have dis-interested witnesses present at the time of any contact between the parents. If there is no abuse to the children, or no abuse in the presence of the children, it is unlikely to make any change in the court decision for joint custody. It may compel the court to make some order for supervised exchange of the children for visitation.

Only the court can make any decision, especially regarding custody. If the non-custodial parent is abusive to the children it may be very good grounds for a sole custody arrangement. It may also encourage the court to provide for supervised visitation.

Visitation is a different issue than custody. Visitation is the means for the non-custodial parent to have a relationship with the children and build that relationship. A court generally regards this as semi-sacred. A custodial parent should NOT deny visitation. If it is necessary to curtail visitation for the real safety of the children, the custodial parent should immediately file a request for a change of visitation. Otherwise, a court may frown on a parent who denies visitation. In some states, continual denial of visitation can be grounds for a change of custody.

If granted full custody can a parent immediately take the child out of state to where that parent resides?

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Asked by Wiki User

This depends on the state. I know in CA, NV, TX, UT for a fact (and most other states are the same way). You can NOT take a child out of state regardless if you have full custody or not. I have always had full custody of my daughter and her father was not in her life. I still could not move out of state without written consent by him or a judge's order. Although, it is VERY simple to get an order to move out of state. You only hav eto prove that it is in the child's best interest, which is simple to do. Make sure you are not doing this to spite the other parent. Let me know if you need more information. Good Luck.

Does a parent lose custody of child when the parent becomes incarcerated in the state of Missouri?

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Asked by Wiki User

Think about this: Can the parent bring the child along to the Missouri Prison system to be raised by her? Probably not. Someone else has to have custody of the child while the mother is incarcerated. Probably, being incarcerated does NOT mean that the mother loses all parental rights. That's another matter, and usually takes some time to arrange.

If a 18 year young adult moves with dad can dad file for custody?

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Asked by Atangana

The 18 year old is considered an adult. Nobody can have physical or legal custody of her.

What are the Parental rights over 18 year old daughter?

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Asked by Wiki User

They have the right to kick them out of the house and stop supporting them. They are an adult and must live with the consequences of their actions.

Do you have to pay child support if your child moves in with other parent?

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Asked by Wiki User

Well it depends on the law of the country and demands of the parent (the one that's living with the child).

Who can stop a father from leaving the country if owing child support?

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Asked by Wiki User

You can seek out legal counsel and have them stopped or you can report them to the police. Not paying child support is breaking the law (the court ordered it) and there, men or women that slack off on child support can be jailed for breaking this law. Marcy

Can you change your birth certificate back to your biological parent after being adopted?

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Asked by Wiki User

While it is possible to change a child's birth date, it requires proof of some kind. Frequently this happens with kids adopted from overseas, whose actual birth dates are not known. A "best guess" birth date ends up on the kid's papers, and sometimes later some more information comes to light (e.g. the kid's doctor says "Hey, this kid's not 4, he's 8!") and then the parents will pursue changing the date.

Can a custodial parent prevent non custodial parent from traveling out of the country with a child?

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Asked by Wiki User

Absolutely. A minor child cannot be taken legally from the U.S. without a valid passport. The custodial parent or guardian must, under oath, in person agree to allow the child to accompany the non custodial parent before a passport is issued.

Likewise, depending upon the custodial order, the custodial parent may need the non custodial parent to present a sworn affidavit that he or she is allowing the minor to obtain a passport and travel outside of the U.S.

Your dad has passed away how do you put his name on your birth certificate?

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Asked by Wiki User

Reserch the law for your state! family court is the best place to start. child support court.

Has Alexandra of the Dr Phil show lost custody of her children?

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Asked by Wiki User

Yes, unfortunately she has. Her parents have custody of all three of the children. Her youngest son, who is less than a year old was born drug addicted. He was hospitalized for weeks and CPS asked if her mother would take custody of him as well.

It's so sad, she is a train wreck and seems to be doing nothing to get her life together. At least her parents are stepping up to care for the children and they are all able to be raised together. It really is such a sad situation. I hope she accepts the help she so desperately needs and is able to get clean and get her family back.

Can a 20 year old child sue for child support from their father if no paternity test was given?

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Asked by Wiki User

Sue for child support? That would be up to the mother to do. And if she did sue, she would be the one to get the money if she won, not the young adult child since the mother was the one who raised and supported the child.

Do you have to file for custody of your child in order to get a court document stating you have sole custody?

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Asked by Saphiire

No. If the other parent has not had his/her parental rights taken away by the court, he/she is still responsible for providing financial support for the child(ren).

What rights does a biological father have when the mother of the child remarries?

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Asked by Wiki User

The child of a woman who is married is generally assumed under the law to be the child of her husband. That type of situation complicates a child's legal rights and compromises the child's genealogy unless the matter is addressed by a court order that identifies the child's biological father. If there is no court order, the mother's husband will be listed as the father and he will be responsible for supporting the child even if the parties later divorce. The child will be his heir at law. The child will not be considered an heir at law of his biological father unless he can prove his relationship at the time of his biological father's death.

The child of a woman who is married is generally assumed under the law to be the child of her husband. That type of situation complicates a child's legal rights and compromises the child's genealogy unless the matter is addressed by a court order that identifies the child's biological father. If there is no court order, the mother's husband will be listed as the father and he will be responsible for supporting the child even if the parties later divorce. The child will be his heir at law. The child will not be considered an heir at law of his biological father unless he can prove his relationship at the time of his biological father's death.

The child of a woman who is married is generally assumed under the law to be the child of her husband. That type of situation complicates a child's legal rights and compromises the child's genealogy unless the matter is addressed by a court order that identifies the child's biological father. If there is no court order, the mother's husband will be listed as the father and he will be responsible for supporting the child even if the parties later divorce. The child will be his heir at law. The child will not be considered an heir at law of his biological father unless he can prove his relationship at the time of his biological father's death.

The child of a woman who is married is generally assumed under the law to be the child of her husband. That type of situation complicates a child's legal rights and compromises the child's genealogy unless the matter is addressed by a court order that identifies the child's biological father. If there is no court order, the mother's husband will be listed as the father and he will be responsible for supporting the child even if the parties later divorce. The child will be his heir at law. The child will not be considered an heir at law of his biological father unless he can prove his relationship at the time of his biological father's death.

If the father has custody and the mother does not work will she be made to pay child support?

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Asked by Wiki User

The new "Mother" has nothing to do with the communion between her husband and his ex-wife, so the answer is no. * A new spouse has no legal standing in regards to non biological children, regardless of the issue. The biological father would have to be the one to file a suit to have the child support order enforced.