Yes, unless you have the approval of someone in authority who has made a preliminary determination that abuse has taken place, and has made an official report. Simply contacting family services is not always a good idea as most often they will take the child into the system, rather than allow the child to remain with the non-residential parent.
The suspecting parent should not extensive question a child about abuse, as children will say what they think the parent wants to hear, and an older child may be simply trying to manipulate the parents. Take the child to a doctor or ER Room to be examined. Do not shop around to find a doctor that will simply agree with you.
If a week day, file am Emergence Child In Need of Care and Emergency Temporary Change of Custody Motions.
To simply retain possession of the child could result of being charged with parental abduction.
You have left out an obvious detail: Why would there be a court order that denies visitations. That implies that visits are not in the best interest of the child. You need to do the right thing and not violate a court order that was issued for the benefit of the child. If that is the case, some other responsible adult may report the situation to the court and you may lose custody altogether.
Can a father get the custody of a child even if he is not married and he has other family?
If you have a legal right to custody you can file to enforce that claim. You should seek advice from a family law attorney.
ClarificationThe answer depends on other details which haven't been provided. A step father has no legal rights regarding his wife's child from a previous relationship. If he has had a very close relationship with the child and the mother is declared unfit the court may grant custody. However, the biological father would need to consent. If he objects the court will schedule a hearing. If the non-biological "father" had legally adopted the child then he can certainly petition for custody if there is a divorce. However, the mother will be favored unless she is declared unfit.
The factors used to determine that a parent is unfit are generally governed by state laws with child endangerment being the determining factor. The following include some of the reasons a parent may be declared unfit:
Can a child legally leave home at 16 in UK?
A child can leave home WITH parents' consent at 16, or without it if they are leaving an abusive or neglectful situation. A child can leave home without parental consent at 17. This is the current legislation in the UK.
In California if a father gives up his right does he still have to pay child support?
You should consult an attorney, but it's my understanding that parental rights and child support have nothing to do with each other. You may choose to give up any rights to your child, but that doesn't negate the fact that you're the child's father, and in the eyes of the law (and morally), you are partially responsible for supporting that child.
That said, it's your child you're talking about. You may want to consider alternatives to giving up your rights. A child deserves a father, and you Amy live to regret your decision.
Can a non-custodial parent with visitation move to another state and still have visitation rights?
How often can he come back to visit? Does he have an apartment in town? What is the best interests of the children? What does he propose? Is the x-wife agreeable? Have they been to concilation court?
More details at GRANTING CUSTODY
How old does your child have to be before you can stop paying child support?
The terms of the child support order define when the non custodial parent's financial obligation ends. Generally it is at the age of majority for the state in which the support order was issued, in most states that age is 18. The obligated parent should not arbitrarily cease payment regardless of what circumstances may arise.
Does a biological father have any custodial rights if his name is not on the birth certificate?
Yes he does. If he wants to see his child he needs to go to court to set up legal visitation and support of the child. If he refuse's to comply with the court on child support they could pronounce him the father and he would have to pay child support anyway. Most fathers are having DNA tests done in the hopes of getting out from under child support and it works if they are not the biological parent.
What age does a child have the right to choose who where they want to reside in Alabama?
Most state laws state age 18. That may vary by state - check with yours.
How does a father get temporary custody of his child?
To my knowledge, if a state agency is not involved because of negelct or abuse, your mother-in-law can get temporary custody if you go to family court and ask that she take temporary custody until you are ready to take them back; it could be because you are having financial difficulty, hospitalization or other issue that you need to deal with As far as your mother-in-law getting custody against your will, I don't think that can happen. If it is happening, you need to contact your local Child Protective Services.
Does a father have to pay child support for adopted children?
That depends, on a couple of things. First is any money owed to the state, if you received state assistance the state will require to be paid back some of the funds. Second, if there is no court order in effect that states the back support could be nulled then he still owes.
This answer above is correct, but to make it a little more understandable I wanted to add that my husband just legally adopted my daughter from my first marriage. My ex had not contacted her for more than 6 months and had nothing to do with her, so he couldn't contest the adoption. He is no longer liable for current child support, but still owes all the back child support. They will still collect his tax returns or any other moneys he is due like paycheck with holding.
Can you sign over parental rights to a grand parent?
The mother cannot sign away your rights. You should seek legal advice. The matter of legal custody of your child must be addressed by a court and your rights must be included in any court orders.
The mother cannot sign away your rights. You should seek legal advice. The matter of legal custody of your child must be addressed by a court and your rights must be included in any court orders.
The mother cannot sign away your rights. You should seek legal advice. The matter of legal custody of your child must be addressed by a court and your rights must be included in any court orders.
The mother cannot sign away your rights. You should seek legal advice. The matter of legal custody of your child must be addressed by a court and your rights must be included in any court orders.
Not likely! Judges seldom give the obligated parent a "break" on their financial obligations to children of a previous relationship on the grounds that the parent remarries and/or has children of such a relationship. In such cases, the law presumes the obligated parent's first duty is to the children not to a new spouse/significant other, regardless of the debt(s) that parent incurs from the new relationship.
In California can a thirteen year old choose which parent to live with?
Yes. A child as young as 11 years old can choose which parent they wish to live with. It doesn't mean however that a judge will grant it, it merely means that the child can file formally with the court for a change in custody.
Can a 16-year-old sue their parent for child support in California?
No, although in some instances one might see it as being justifiable. Minors cannot sue or be sued, therefore it is the responsibility of the custodial parent or legal guardian to initiate legal actions on behalf of a minor child/children.
Does a non custodial parent have a right to take a child for haircut?
A non-custodial parent is still a parent who retains parental rights. A parent bringing a child for a haircut shouldn't rise to the level of legal dispute unless it was done specifically to harrass the other parent, or it was done in a way to incite anger (giving the child an obviously inappropriate haircut, for example, like having the child's head shaved bald, without any discussion). Ordinarily, a parent bringing a child for a haircut should be considered one of those things that parents do.
What age may a minor child refuse to visit with noncustodial parent in Tennessee?
Under Tennessee statute, the court will consider the reasonable preference of the child over the age of 12. They can choose to listen to what the child wants but they are not obliged to follow that wish. And the child can only choose between parents not friends etc. To move from parents they need parental consent. The court will not agree to that a child moves from fit parents to live with friends or grandparents.
Can parents have guardianship of their child when they are over 18 years of age?
If they have legal custody, they are, by definition, the legal guardians.
An unmarried father cannot "choose" to not pay child support. The laws in every state require that a father pay for the support of his child. The mother must bring an action to the appropriate court so that a child support order can be established. Visitation rights are separate and a father can have visitation rights established by the court. Visitation rights are not dependent on paying child support.
Who is responsible for transportation when the non-custodial parent moves?
The parent responsible is the one with whom the child is staying with at the time the function occurs, unless, physically or schedule-wise, it's impossible for that parent to take the child to the function. (Parent has to work at that time, cannot drive or does not have their own vehicle). In that case, the other parent should step up to the plate, or make prior arrangements for another relative or friend to take the child. What matters here is what's best for the child, not either parent's resentment. If this issue can't be resolved privately between the parents, a family law attorney or professional mediator should be contacted.
Unless there are unusually circumstances, once a minor becomes an adult under the laws of the state in which he or she lives (or as stated in the support order) child support ends. If he or she has established residence outside the custodial parent's home with the approval of the custodial parent, the obligated parent should petition the court to have the support order amended or rescinded. Child support money is for the support of minor children and not "owed" to the custodial parent. The custodial parent does have the legal right to sue the obligated parent for any arrearages or "extra" expenses incurred while the minor child was in his or her care.
Can you file for child support when your children are grown?
Yes, within the limitations of state law. At the maximum, in Ohio, a mother has until the child turns age 23 to petition the courts to establish paternity and to request 18 years of retroactive child support. In most states the limit is age 18, with an average of 5 years retroactive. Note that in Mississippi, the child is not an adult until age 21.
Can a father sign a birth certificate if under age?
Yes, altho typically his parent/guardian will need to witness his signature.
How does parental mother relinquish her rights to father and step mother for step mother adoption?
A person cannot force a parent to relinquish his or her rights to their minor children, only a court can permanently terminate parental rights. A biological parent can file a petition for the Voluntary Termination of Parental Rights in state court in the city or county where they live. The judge decides if the petition should be granted based upon what is best for the child or children that are involved. Another option to consider, go to the State Welfare office and ask to have his alimony and/or child support paid directly to them and have THEM issue the check. Men tend to be a little more punctual when they know the State is looking over their shoulder.