Custody

There is a great degree of variation among states. Joint legal custody is routine in some states, but joint physical custody is not, and the factors considered by the court for joint physical custody vary significantly among states. Anyone considering joint custody should contact a local attorney regarding this question. About 90% of divorce cases are settled out of court, though, and most joint custody is established this way. Judges will rarely change an arrangement that has been established by the parents.

The legal status of joint custody may eventually change. Supreme Court decisions have found parental rights to be guaranteed by the Constitution. Because a fundamental right cannot be denied without a compelling state interest that cannot be achieved by any less restrictive means, some legal scholars believe that, in the absence of abuse or neglect, parents have a right to both legal and physical joint custody (Canackos, 1981; Robinson, 1985). This theory has not been tested in court.

[This answer was excerpted from "Questions and s About Joint Custody" by Rick Kuhn.]

References:

Canacakos, Ellen. "Joint Custody as a Fundamental Right", Arizona Law Review, Vol. 23, 1981.

Robinson, Holly. "Joint Custody: Constitutional Imperatives", University of Cincinnati Law Review, 1985.

Well, you need to get the issue sorted out before very much time goes by. Dr. Phil had a show in November regarding this issue. Your husband needs to know that another man is the father. This is one of those unpleasant consequences of behavior. If the husband doesn't want to adopt the child, the biological father will owe you child support. You need to get it straightened out now because should you later divorce, it has a good chance of becoming a problem for you and the child.

I live in Ohio and I do believe the child in question must live with the parent MORE than 50% of the year for that particular parent to be "the Residential Parent". In my case, it was described in the Divorce Decree that I was to be the sole custodian and residential parent.

If you need further info, try calling the Ohio State Bar Association and see if they can point you in the right direction or give you the info you need- they may even be able to do it for "free". :)

peggy

Both biological parents will need to file a Termination of Parental Rights petition with the court that has jurisdiction. If the TPR is granted, the individual who wishes to become the legal guardian or adopt the minor child must also follow the legal procedure as required by the state in which the minor child is a resident.

Rule One: You must make all your court ordered child support payments or you will be in contempt of a court order.

If you "gave extra money" and have proof in the form of a cancelled check, it may or may not be counted against future payments. It may be considered a gift. It would be up to the court to decide.

This will depend on which country you live in?

Yes, you will have to file for a change in the order but you can get it end if your child gets married. If they are in college and get married, that eliminates your duties of paying child support in most states.

A 16-year-old cannot leave home without his parents consent unless he has been emancipated. You would be picked up by the police and returned home. If someone takes you in when you runaway, then they could be facing charges for doing so. Texas does have laws against harboring a runaway. They could also face charges for contributing to the delinquency of a minor, and possibly other charges as well.

Generally, yes, if you have full physical custody. It's normal for things to happen that way... the custodial parent receives child support payments from the non-custodial parent in order to help pay for the child's, well, support... but really it all depends on what the court decree says, and there might potentially be cases in which the court rules otherwise.

The law reads that the child's age and emotional maturity will be taken into consideration, but the final decision depends entirely on the judge's decision.

However, when the child turns the age of 14 he or she (if the judge in the case feels the child is mature enough) may ask to speak to the judge in his /her own behalf and make his/her wishes known to the judge and why the child wants to choose to live with that parent.

If the judge agrees with the child's assessment, the judge could rule that way. If the judge does not agree then the child must abide by the judges's decision.

Yes it does. Because for example, if someone was named Bobby and his last name was Shoe, (Bobby Shoe) and your name was Bobby but your last name wasn't Shoe then you would still be Bobby the second!

Technically no. But you may use the suffix of Jr. or II to differentiate between you and your father. When signing a legal document it is better to drop the suffix and always use your middle initial as it is written on your birth certificate.

No, the legal age of majority in Ohio is 18. The state does not have grounds or procedures for such action, therefore it is not possible for a person to file a petition requesting an emancipation decree.

It certainly depends on your local laws but usually when the child you are paying support for turns the age of majority, does not live at the home anymore or drops out of school the support payments are to stop.

I would check as soon as possible with your local laws as well check your age of majority - you may be intitled to receive some money back.

If the child is not yours the paying parents or if the amount of payment is too much.

If the mother is not married to anyone else there is no one else considered to be the more likely father, so the father's marital status does not bar him from claiming the child and signing the birth certificate if he is willing to do so.

Yes, and is best to do in advance of the departure date, whether or not the other parent expresses an opinion. In far too many cases, the other parent will wait until the last minute, than file an injunction.

You cannot legally leave home until your 18. That is not to say that you cant move out, but you must have your parents permission, and they can revoke that at any time. Also, it's not always as simple as "Mom said its Okay". Obviously, if a 16 or 17 year old is going off the college (it happens), that is perfectly legal. If they are 12 and they want to move in with their friend, this can only occur with parental permission, and the parents are still responsible for the child, even though he/she is not living there.

It's a very complicated matter, but generally, unless you have a very good reason to move out, its not gonna happen. and no matter what, unless your parents give you permission, a court gives you permission or you turn 18, you cannot move out. They will get you as a runaway, and you could face fines + jail.

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?

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.

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.

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.

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.