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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 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.

If you marry a man who is currently paying child support and his ex-wife is asking for an increase will his having a new wife a home and new debts prevent the support increase from being granted?

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.

If the father of a child gets married and owes back child support can the spouse be obligated to pay his back child support in CA?

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.

If an adult child moves into her boyfriends' house does the custodial parent still get child support?

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.

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.

How do you be sure you get full custody of a child?

The type of incidents mentioned on the discussion page (false reports to child protective services, failure to keep promises, non-payment of child support, not adhering to visitation schedules, badmouthing the mother) are seldom helpful in a custody dispute if they are only presented as allegations. The better option would be to document all events that could be deemed harmful to the child in question. It can be extremely helpful if one can enlist the aid of teachers, counselors, ministers, and so forth, any honest and reputable person who has the child's best interest at heart and would be willing to give unbiased testimony. "Mud-slinging" is NOT the way to convince a judge who is the best parent, nor is submitting false or misleading statements as to someone's character. Family court judges are very good at ferreting out the truth from all parties;those persons who try to make themselves look good while making someone else appear "bad" will not be looked upon favorably by the court.

Does a non-custodial parent have to inform the custodial parent about their change of address?

they only have to inform the custodial parent of the change of address if they still wish to contact the child

AnswerIf they want to stay in contact with that person or the child or if you are having to pay a certain amount for the child then yes of course otherwise it is up to your own discretion

What are the Pennsylvania laws regarding children of the opposite sex sharing a bedroom?

children of opposite sex after age of 7 must be in separate bedrooms or children in youth if they found out will be in your lives for a long time.

If the court awarded custody of the child to the father on what grounds would the court give custody to the mother if she took him to court?

Most courts use the best interest of the child to determine custody. If the court awarded custody to the father, it determined that living with the father is better for the child than living with the mother. In most states, you can file a new suit to modify custody after the fact. You generally have to wait for a certain period of time after the first award, and you'll need to prove that there has been a sufficient change in circumstances such to warrant changing the prior order. At that point, you would then have to prove that the child's needs would be better served by being moved to the mother's custody.

Custody modifications are difficult, tedious and expensive. If you are serious about this, you need to start talking to a good lawyer.

Harm alone does not reward you the custodial parent status. In most instances where harm is apparent, Child Services will intervene and correct the issue before it becomes an abusive situation. In many different ways, you must also prove the parent unfit. The process is and will be expensive, complicated and lengthly. If you have the funds and evidence to pour into a complex case, it may be in the child's best interests for you to pursue. Depending on the state the child resides, this case starts at $3500-$5000 to retain representation. You will have to petition in the state in which the child resides. I caution you, do not attempt to pursue for your own well being. The attorney representing the father will have you extensively evaluated to determine your true motive. In most cases, the original court order will not be overturned.

if you could prove harm is being done to the child.

Can joint custody be in different states?

Moving Out of StateThis is all dependent on the State in which you live. I am a paralegal and also a mother that has joint custody with the father and I have legally removed my children from the state where we all lived. There should be a portion of your Parenting Plan/Domestic Relations Affidavit that directs you on how you are to handle this. If there is not, you need to call the clerk of the court in the county where the custody papers were issued, and ask what you need to do. In MOST states, you have to send the other party a certified, registered, return receipt letter stating the city and state that you are planning on relocating to. The opposing parent has 30 days to respond, in writing. If they do not, you are free to go. If they do respond and it goes to court, you generally have to prove to a Family Court judge that the benefits of moving the child far outweigh the detriment that the lack of the second parental involvement would have

Read on for more input from Wiki s contributors:

  • Watch out if you have joint custody and you live in the same county. He can take you to court and make it where you can't leave the state. But if you have a man that wouldn't do that, it's more likely he will have them for the Summer and maybe Christmas here and there.
  • You made an legal, binding agreement. Live with it, or surrender custody.
  • If you have joint then you will need to let the father know that you are planning to leave, But he can take you to court and make you stay in the same county. If he doesn't mind and lets you go then sure but if he takes you to court them you might have to stay, it's up to the judge then. If you just go he could call the cops about you stealing the child.
  • Any lawyer would have to prove that either it is in the best interest of the child or not the best interest of the child. Also one point to be taken into consideration is if there are other siblings that are not by that father as well. The courts will find it is best to keep siblings together. With an agreement of liberal visitations there should not be any problems if you both can work it out in that manner. Also another fact is that if the physical placement is with you and the child knows you the best, the judge may also look at the fact that if the mother is not happy the child will not be happy and this situation could disrupt the whole family long term. Consult with an attorney because to prove it is not in the child's best interest is what the other party needs to do.

What is the age in Vermont for children to be able to choose which parent they want to live with?

I believe it is 16.

I am not sure though.

my parents got divorced because my dad was caught drunk driving.
but now im all the way in IDaho with my mom.

so i'd like more info on this as well.

??

so i believe the age is 16 , but you obviously would have to go to court.

there is probably laws and regulations to this tha I would REALLY like to know more about.

How long can a parent go without seeing a child before its considered abandonment in Michigan?

Texas Family Code Section 152.102 describes "abandoned" as meaning left without provisions for reasonable and necessary care or supervision. Texas Family Code, Chapter 161, etc. A parent has a) voluntarily left the child alone or in the possession of another not the parent without expressing an intent to return, without providing for the adequate support of the child and remained awayh for a period of at least three months b) voluntarily left the child alone or in the possession of another not the parent without expresssing an intent to return, without providing for the adequate support of the child, and remained away for a period of at least three months c) voluntarily left the child alone or in the possessino of another without providing adequate support of the child and remained away for a period of ast least six minths f) failed to suppor the child in accordance with the parent's ability during a period of one year ending within 6 months of the filing of a petition g) abonding the child without identifying the child or furnishing means of identification and the child's identity cannot be ascertained h) there is more in the Family Code Section (Texas) Chapter 161 regarding terminatin of the parent-child relationship, termination of rights of parent discussing other abandonment issues. You can read it online unswer state.tx.us/statutes... if you want to know more about rights. I am in the process of studying them for personal reasons but I have been a legal person (non-attorney) since 1977 and have done a lot of research on cases, etc. There are a lot of references for abandonment, guardianship, adoption, rights and duties of parents, etc.

Do you have to pay back child support if the kids are grown and the ex wife is dead?

If your children are no longer minors then you don't have to pay child support. However, if a written document was set-up previously that you also pay support for a college education then you have to fulfill this obligation. If you ex-wife left you in her Will (doubtful) she should have stipulations as to what the children will receive from the Estate and this too is an obligation and carried out by an Executor (male), Executrix (female.) The back child support is owed to the estate of the ex wife. She funded the children without that support, robbing them ofmoney that should have been in the estate. If I were the attorney representing her estate or the beneficiaries of that estate, I'd be knocking on your door with a court order!

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