I could be mistaken, but I believe that child support only applies for the biological mother/father of the actual baby. As you are the father/mother of the mother, I don't think you have to pay anything, even if you're daughter is only 16. The 18 year old is the one that has to worry . . . but this could also change depending on what country/state you're from. Im from NSW Australia, and that's what would apply here, but things could be different for you. Wishing you the best of luck in the future . . . Having a child does not emancipate a person. Your 16-year-old daughter is still a minor, and therefore you'd still have to pay child support for her (notice I said *her* not her child). I'm assuming she's not married and is still in school and lives at home?
If grandparents have custody and they are abusing the child what should the child do?
They could but it would be illegal. You can not keep your grand kids with you if their parent(s) want them returned. If you refuse to return them you can be arrested. If you take them without the consent of both parents you can be charged with kidnapping as well.
Can a 13-year-old in Kentucky choose who to live with after his parents' divorce?
It all depends on the situation. I suggest you stay with your dad for as long as you can unless he's truly mistreating you. yes as long as there aren't any problems, mental or physical that would prevent proper care for the minor. * No, minors are not allowed to choose with whom they wish to reside. The judge might speak with the child about various issues, such as how the child feels about the school they attend, neighborhood they live in, etc. not about their feelings toward either parent. The judge always makes a custody decision based on the bet interest of the minor child or chldren and not on the preferences of any involved party.
Do you have legal obligation for child support after child turns 18?
You need to contact an attorney or legal aid in your state.
Massachusetts just ruled that child support obligations survive death. If the estate has enough money to continue paying the support, the parent cannot disinherit the minor child to stop child support payments after death.
What is the legal age for children to stay home alone for a couple of weeks in Indiana?
"There is, to my knowledge, no specific law governing that," said Steuben County, Indiana Sheriff Rick Lewis. "I know some parents think it's OK to leavechildren who are 10 years old home alone. I feel strongly that a 10-year-old child is not old enough to be left unsupervised." There are very few states in the U.S. with legal minimum ages for children home alone, but many state agencies have published guidelines. Georgia, Illiniois, Maryland and Oregon are a few of the states with specific ages specified in their laws.
12 years of age appears to be the most common recommendation. Below in Related Links is an article entitled Home Alone Children Legal Age Limits which provides one guideline from a California agency representative who suggests that 8 year olds and over can be left at home for up to several hours (usually after school before a parent gets home from work). This site also provides a state by state comparison with references including a link to the citation above.
The Child Support Agency sends a form to the mother asking for details about the child's father, it is compulsory for the mother to give these details. It is also compulsory for the father to pay to support their child, I am not sure if there is a way around it. I am quite sure they don't ask any other relatives.
Do grandparents have rights to see their grandchildren in South Carolina?
From About.com
Grandparents in North Carolina may be granted visitation in any order pertaining to custody of a child. See North Carolina General Statutes, Section 50-13.2.
Visitation can be granted after adoption if the adopting party is a a stepparent or relative and if a "substantial relationship" exists between grandparent and grandchild. North Carolina General Statutes, Section 50-13.2A.
Father does not see his child on visitstion weekends?
Father doesn't have to see his children, unless the mother really wants to. The mother, however, could go to court and file for a new child support based on the fact that the father is not spending any time with his kids, and then the child support ammount will be raised.
Does a man have any right to ask for a paternity test if he's not on the child's birth certificate?
I would say yes. I don't think you even need to ask permission, just take a swab of the child's mouth and of yours is all it takes now days.
When the obligor parent is a minor and cannot pay. This is the case with a 12 year old Ohio boy who got a 19 year old pregnant. While she served time in jail, he or his parents must pay $50 a month in child support to the maternal grandparents who are caring for the child.
How old does a child have to be before they can decide not to see a parent?
This is an issue that's frequently brought up, along with the right to choose what parent they wish to live with.
This issue particularly arises as children enter their teen years. They don't want to be required to spend time with a parent, either parent. They think of themselves as almost adults, and thus can make their own decisions.
Let me start with the view on one teen on Joint Physical Custody.
Equal Time - A Teen's Views On Joint Custody
How I divide my life between my divorced parents' homes.
By Charlotte Juerge - Newsweek - Dec 15, 2008
See Link Below
"My parents divorced when I was 2 years old. Because I was so young, I cannot remember anything of how the divorce actually felt at the time. But 12 years later, I am quite content with my life and my parents. Unlike many divorced couples with children, neither parent has primary custody of me, but rather, I switch between my parents' houses every other day, spending roughly equal time with my mother and my father. "
For younger children, the argument can be postulated that Parental Alienation may be involved. This is a controversial issue with arguments presented on both sides, but cases involving child abductions where the abductor simply wanted a child, has shown how easy it is to alienate a child, from both parents. But, even teens can be alienated from a parent, or both parents.
Mom Loses Custody For Alienating Dad
Ruling a 'wake-up call' for parents who use kids to punish ex-partners
See Link Below
Parental Alienation Syndrome - The Gregory Mantell Show
See Link Below
A Child's Choice: What Is The Right Age For A Child To Choose Which Parent To Live With? See link below
The main issue here is not their right in choosing to spend time with the other parent, but their right to ignore and dishonor the authority of the family court. One has to wonder how many males that ignore child support orders were raised to believe it okay to ignore any family court orders, which includes the visitation orders?
If a child, whether by choice or through the influence of a primary parent, doesn't wish to spend time with the other parent, this issue has to be first brought before the court for consideration. The child can explain to the judge, outside the presence of either parent, why they feel it's in their own best interest as to why they no longer have a need for the parental influence of the separated parent?
There are reasons for the need of two parents, but if the child(ren) are getting tired of switching homes, perhaps it's time for the parent to be doing the switching.
This is what I suggest to the kids faced with choosing which parent to live with.
As an alternative, why not ask for Joint Physical Custody Of Your Parents?
Tell them that you want to remain in a home, and each of them there for three weeks, than switch. Once night a week, the parent not in residence takes you out to dinner or some other activity. While in the home, the resident parent does not date, or have overnight guests, other than relatives.
On the off weeks, the parent rents a room, stays with relatives, their friends, or they can split the cost of a two bedroom apartment, with each having their own bedroom.
The priority here is you not having your life disrupted by their choice not to be together. Their lives are equally disrupted and they split the cost of your home.
The support amounts each parent are obligated to provide for your care can go into a TRUST FUND. From the trust fund, expenses for the home and your standard expenses, are paid.
All this follows in accordance with federal laws dating back 100 years as regards Trust Funds that have been established for guardians to draw from when parents have been killed in an accident. Also in cases involving child stars (The Coogan Act-1939) where the law is designed to prevent their parents from spending the money for their own uses.
Any money left in the account would collect interest and be available for emergencies, or special expenses, such as part of the cost of a car, or a college education.
This is called Bird Nest Custody. YOU STAY IN THE NEST WHILE THE BIRDS TAKE TURNS BEING THERE.
* A Child's Choice In Custody * Bird Nest Custody * Equal Time - A Teen's Views On Joint Custody * Mom Loses Custody For Alienating Dad * Parental Alienation Syndrome - The Gregory Mantell Show
Technically, at least in IN, a parent can sign an agreement stating that they terminate their parental rights and that child support is also terminated. However, they can always petition the Court to reinstate their rights and/or the other party can always request child support - even if there was a signed agreement. The only way that parental rights can totally be given up is if a parent signs over their rights so a step-parent or other family member can adopt the child. The parent must agree to this, or is not required to agree if the child is 18 and wants to be adopted by their step-parent. see related link
What rights does a parent have over an 18-year old child living at home in new york?
yes because that person is not under- age anymore.
It depends on what state you are in. The state determines how child support is calculated. Now, if you each have 50% residential time with the child, then no support may be due, however, if the child lives primarily with one parent, then the parent that the child is not living with is required to pay child support. The child support amount is usually based on your combined income and is then calculated at a percentage of the total income, for example: If you make $1,000 per month, and the other parent makes $2,000 per month, then you would be responsible for 33% of the child support obligation and the other parent would be responsible for 67% of the child support obligation. If the child support obligation was $200/mo., then you would be responsible for $66/mo., and the other parent $144/mo., therefore, if the child lived primarily with you, the other parent would have to pay you $144/mo. Hope that makes sense for you. Check out your state laws on child support, you can usually find them on the web. Take care.
Court order DNA testing if father is on birth certificate for children?
Yes, all fathers need to do it with the high rates of paternity fraud. see links
If you simply take the child, you'll likely be charged with kidnapping. Your best bet would probably be to take her to court for custody on the grounds that she is an unfit mother. The wisest course would be to seek the advice of a qualified attorney.
How do a get a warrant put out on a non custodial father for not paying child support?
Pay the amount due (you might be able to work out a payment plan).
If a father signs away all rights and stops child support does the mother have to agree?
Yes. The court's job is to decide what is in the child's best interest. Even if the father does not want to see the child, why would it be in the child's best interest to give up child support for the child? There are, of course, exceptions, such as when the father is so bad for the child that giving up child support is better than having him around.
I can only answer for Ontario Canada. Here the cost should NOT come out of the child support payments the cost shoud be split proportionately (based on income) between both parents. The laws could be very different depending on where you reside. * The terms of the support agreement determine what is covered. Generally child care expenses are a separate issue and should be addressed as such in the support petition. If there are not stipulations in the support order the custodial parent will need to petition the court to have the order amended to include childcare and perhaps other expenses (educational, medical, etc.).
No, not without a court order. Even if both parents give permission the adult in question will have to petition the court for guardianship. Under the law, a person who does not have legal guardianship of a minor cannot enroll the child in school, obtain medical care for the child, and so forth. A court will not allow a child to move out of the parental home nor appoint a guardian unless their is proof of abuse or neglect. In either case a DFS/social worker will be appointed to investigate the claim, and report the findings to supervisory staff and/or family court.
If the mother has sole custody of the child, then yes -- the father doesn't need notification. With joint custody, the answer may vary, but in most cases the father must be at least notified. The permission would be from a judge, not the father.
Can a father get his rights back to his child?
He can file an injunction, as he should. Then, he must take the necessary steps to establish his paternity legally in order to obtain his parental rights.
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 or he must seek another way to establish his paternity and that is done through a DNA. He can then establish his paternity legally through the court and once established the father can request visitations, custody and set up a schedule of regular child support payments for the child.
On the other hand, if a court already has jurisdiction over the case, and if there is a visitation order already in effect, the mother must allow the child to visit with the father according to that schedule. Withholding visits with the non-custodial parent can eventually result in the custodial parent losing custody if the other parent presses the issue in court. She can move without approval as long as it doesn't impact visitations. She cannot move far enough away to interfere with established visitation without the father's consent and the court's approval. Unfortunately, courts are notoriously lax in enforcing visitation rights for fathers - so much so that most mothers do not realize they are supposed to get approval before making such a move and most fathers run out of money pursuing their visitation rights without getting their visitation rights enforced when a mother moves without prior approval.
What is the legal age a child can choose which parent to live with?
Also view secondary article below
The debate over the rights of a child to choose which parent they want to live with during a custody dispute has been raging for decades. The questions it generates involve whether a child should have a choice and at what age do they possess the mental capabilities to make such a choice? But first, a review on the laws on this matter.
Only Texas has a law regarding the choice of the child that requires a judge to take it into consideration:
Child's Choice of Managing Conservator (custodial or primary residential parent)
If the child is 10 years of age or older, the child may, by writing filed with the court, choose the managing conservator, subject to the approval of the court. TEX.FAM.CODE ANN. § 153.008. The court retains discretion to determine whether to honor the child's choice. Further, in a non-jury trial the court may interview the child in chambers to determine the child's wishes as to conservatorship. TEX.FAM.CODE ANN. § 153.009. Upon the request of a party, the court must interview the child. (Of note, only Texas allows the use of juries to decide custody)
In all other states, a child can express their opinion, but a judge is under no legal obligation to hear or see it, let alone take it into consideration. The presumption is that a child over the age of 12 can express their own choice, but that simply is not the fact. But, many judges do make that choice to hear what the child has to say. They decide on whether the child is mature enough to express an opinion, and whether that opinion is being influenced by a parent.
Now, a little human biology. According to studies, such as the one done by the University of Michigan and featured on the Discovery Health Channel program titled "The Amazing Life of the Human Brain", a child's brain does not BEGIN developing the ability for conceptual thought process until puberty or about age 12. Some develop this earlier, others later. Those with the longest life spans developed later.
From birth to age 2, with a few exceptions, does not possess a greater ability than that of most high order mammals. At this stage the human body is most concerned with growth and development of the immune system. Early development or forced early development of mental abilities can create a tradeoff of not having a fully developed immunal response system, leaving the body open to more diseases later in life.
At age 2, what is often call the "Terrible Twos"by most parents over the last 6000 years is really a time of miraculous change in the human brain. It is a time when we develop beyond that of other mammals on Earth. The brain begins developing the ability of long term memory storage through the creation of synaptic connectors and chemical bonds. Up to this time the brain is recoding less than one megabyte of data per second, going into permanent storage while sleeping. After age two this grows to 10 megabytes per second, mostly processed through the visual cortex. Consider how long it would take the largest computer storage device, such as a hard drive, in use today to fill up. The largest is a Petabyte, used for the super collider.
Petabytes in use today:
* The Internet Archive contains almost 2 petabytes of data. * Google processes about 20 petabytes of data a day. * The 4 experiments in the Large Hadron Collider will produce about 15 petabytes of data per year, which will be distributed over the LHC Computing Grid. * Facebook has just over 1 petabyte of users' photos stored, translating into roughly 10 billion photos. * Isohunt has about 1.1 petabyte of files contained in torrents indexed globally.
Now, calculate how much the human brain is storing at the rate of 10Mgs per second, for an average 13 hour day. That's nearly ½ a petabyte per day. A reminder here. All that data does not go into permanent storage until you go to sleep, whether you are a child or an old fart like me. It is one of the three major reason why humans should get proper sleep for at least 8 hours form those over the age of 30. More if under.
From there it takes 10 years to accumulate enough data for the brain to BEGIN developing the ability for conceptual thought process. This is when the brain begins sorting, comparing, and analyzing the data it has accumulated and is still accumulating for understanding such concepts as right from wrong, and love. This is also when more hormone production begins having a significant influence on desires and moods. This stage doesn't reach completion until age 24 in women and age 30 in men.
The only reason men are declared adults at age 18 is because they can be drafted. But, they are drafted at that age because their brains are still so much mush making it easier to overcome the natural aversion to the taking of another human's life. As they get older this becomes much more difficult, and impossible after age 25. Females are declared an adult at age 18 simply because the boys are, but without meeting the same requirements as the boys, which is ignored, and get a boy put into a federal prison.
A child under the age of 12 does not possess the ability to conceptualize or weigh the benefits and negatives of making a choice as regards a custodial parent. Even at age 12, they are only beginning to develop these abilities and can be influenced by one parent or the other in their choice. Mothers find this much easier in that they can use their maternal attachment to make the child believe he/she must not love their mother if they don't want to live with them. This can be devastating on a child and it is not an argument commonly used by fathers who think more from a logical perspective rather than emotional.
Ultimately, it comes down to the judge or jury to make this decision on what is in the best interest of the child, an area that is also highly debated. Alternate choices can be Joint Physical Custody, where a child spends 50% of their time with each parent, but this can prove problematic for the child, in moving back and worth, and even worse for a teenager who desires more independence from the parent(s) and seeing going back and worth as a major inconvenience.
The alternative is Bird Nest Custody. In this, the child lives in one home and the parents switch every 3-4 weeks. This can be highly inconvenient for the parents, though equally so, but for the children, their whole world remains the same and without disruption. But, it takes a very high degree of commitment on the part of the parents. This type of custody was successfully used by rocker Ted Nugent, and each state gets 3-5 such cases a year.
It should be sought to avoid legal problems. With a 60% rate of fathers being denied access to their child, not being involved is not necessary the case. But, in Kansas, if the father did not begin paying child support during the pregnancy, he cannot challenge an adoption.
If spouse is not biological father does he have visitation rights?
the family NEVER has the legal right of visitation if not awarded specifically by a state court. Morally, if the intentions of visitation are simply for acknowlegement of relation, then legal guardians(you) should discerningly, allow visits with blood relatives(them) under supervision of legal guardians(you). in other words, NO.
ANSWER: Actually, in some states that isn't true. In Wisconsin there is a thing called Grandparent's Rights. This entails that the biological Grandparents are entitled to 1 weekend a month to see the child. I'm not sure what other states that applies in but it is something to look into to be sure of.