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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

How do you get child support when your ex is in prison?

A child support order is valid even when the person has been incarcerated, it is not "placed on hold". One of the terms of his or her release will be that they pay child support arrearages.

If the person owns property and/or assets they can be seized and sold or have be incumbered by a lien even while the person is imprisoned.

The custodial parent can enlist the aid of private counsel to take action against assets and/or property or file a request with the state's division of child support enforcement.

Can a mother prevent a child from leaving home at the age of 18?

Not ordinarily, because the child becomes an adult at 18 and can make whatever decisions he or she wishes. There are some cases (notably legal incompetency) where the child does not gain free status as an adult, and would continue under the supervision of a parent or guardian.

Is Paige Hurd Al B Sure's daughter?

no.....thats his god daughter..she just calls his kids her brother

Does a parent still have to pay child support if child moves out on there own?

If the child is emancipated, which generally means self-sufficient, the obligor should be able to get the order for support terminated.

Certainly, if the child is still under the obligations of the parents, you can file for custody, if if no emancipation takes place. If the child refuses parental control, than file to have them emancipated, but state laws vary from state to state on this. In New York, child support continues to age 21, regardless of where the child lives.

see links below

What age can a child be to choose what parent they want to live with in the us?

Minors are not allowed to choose with whom they wish to live in any US state. In some instances the presiding judge will speak with a minor child and may or may not take the results of the interview into consideration when making custodial decisions. Custodial decisions are based upon the best interest of the minor child/children and not upon the preference of any of the involved parties.

What is the law concerning child custody of children when married parents are not living together?

I assume you are asking if custody changes when a parent gets married to someone else?

Custody does not change because of a marriage. If there is any type of court document (divorce decree, child support agreement, etc.) that outlines a custody arrangement nothing changes because one of the parties gets married. Whatever the arrangement was before the marriage, it still stands.

Do Texas require you to pay child support while child is in college?

You are still the child's father no matter where he or she goes. Answer 2:

I'm guessing you mean Old Mexico (IE: Out of the USA). Some states have ruled that you do not, while others ruled that you do - have to continue to pay / most were related in some way to visitation (as a note). In the case that you do, the lower cost of living involved could adjust your support payments (not to mention any threat to the child, adjusting custody). You will need to contact an attorney familiar with your states rules on support payments.

If you sign birth certificate do you have to pay child support if later you are found to not be the father?

No. However, if the alleged father has signed the birth certificate, he is acknowledging that the child is his. There are steps to take in order to be taken off of the birth certificate and relieved of the obligation of child support, including a paternity test and an amendment to the birth certificate.

Can your 16 year old daughter live with her biological father for one year even though you have sole custody and live in Canada?

I don't know your situation, but you can do anything as long as both parties agree. What I mean by both parties is mother and father. If mother and father agree, and the 16 year old wants to live with her father for a year, then it is OK. If the parents do not agree, then a court hearing may be necessary to hear both sides and decide what is best for your daughter. Being that your daughter is 16, she will have some say in court as well.

How is child support calculated if each parent has a child?

In most states there is a formula depending on the fathers pay and other dependents that he has to what a child gets. You will probably need an attorney unless you arent going to fight about the child's guardianship, visitation and amount then you can file those papers yourself with a attorney that can help. Look in your local phone book or pennysaver.

What should a non custodial parent do if the custodial parent plans on moving the child out of state?

The guardian needs to contact the jurisdictional court as soon as possible and most definitely before the move. To leave the state under the cited circumstances without notifying and receiving permission from the court will result in a warrant being issued for the minor and the adult guardian.

What rights does a non custodial parent have if they sign over custody to mother and step father?

"custodial" ... "their" ... In general, parental rights are terminated either preparatory to an adoption, or after a trial in which it is determined that the parent is unfit. In any case, termination of parental rights does not, in itself, terminate child support.

Does a father have to pay support if he does not see his kids in Ontario?

Yes you still have to pay support wether or not you see your child/children.

You are responsible for the life you have created. Unless, there is formal agreement made between both parents support payments go into effect. By formal I mean through your lawyers.

How does a child under 18 get child support when moving out?

Yes.

Answer

Not without a move being made by someone with standing in the court toward this end, usually the obligor, who lacks the funding to pay an attorney to do this. In Missouri, child support continues through college, and though each parent is obligated for a percentage of their income for the care of the child, only the obligor continues to pay when the child moves away to college. And, unless a modification is done, it continues to go to the parent who no longer has the child living there.

see link below

If fathers name is on babies birth certificate can it be changed after a paternity test?

Yes, it can be changed after paternity of the biological father has been established by the courts, you fill out a change of birth certificate affidavit and send it in with your court documents to the bureau of vital statistics stating who the real father is and the birth certificate will then be changed.

Can the biological mother sign over parental rights to biological father?

Any time a parent releases custodial rights it must be done through the Family Court.

If this other man is the child's step parent then Dad can voluntarily terminate his parental rights through the court and then step dad can adopt the child. But Dad can't just sign his rights over to any other man. Legal guardianship of children must be accomplished by court order.

If you are the noncustodial parent who suspects the custodial parent of child abuse do you have to return the child to the home after scheduled visitation?

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.

What could happen if one parent goes against court orders of no contact and lets the other parent see child anyway?

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.

Clarification

The 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:

  • physical, emotional and sexual abuse
  • excessive discipline
  • failure to protect the child from abuse by others
  • failure to report abuse of the child
  • neglect- failure to provide food, clothing, proper hygiene, necessary medical treatment, schooling
  • failure to provide proper medical care
  • failure to provide day to day parental care
  • serious illness or disability
  • mental illness
  • substance abuse or addiction
  • alcoholism
  • criminal activity and/or associations
  • incarceration
  • conduct or conditions that are seriously detrimental to the child
  • abandonment
  • child endangerment
  • leaving the child unattended or in the care and supervision of a child
  • a failure to provide adequate supervision
  • unsafe living conditions
  • a medical condition that makes it impossible for the parent to adequately care for the child

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.

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