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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.

500 Questions

Your dad has passed away how do you put his name on your birth certificate?

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Asked by Wiki User

Reserch the law for your state! family court is the best place to start. child support court.

Has Alexandra of the Dr Phil show lost custody of her children?

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Asked by Wiki User

Yes, unfortunately she has. Her parents have custody of all three of the children. Her youngest son, who is less than a year old was born drug addicted. He was hospitalized for weeks and CPS asked if her mother would take custody of him as well.

It's so sad, she is a train wreck and seems to be doing nothing to get her life together. At least her parents are stepping up to care for the children and they are all able to be raised together. It really is such a sad situation. I hope she accepts the help she so desperately needs and is able to get clean and get her family back.

Can a 20 year old child sue for child support from their father if no paternity test was given?

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Asked by Wiki User

Sue for child support? That would be up to the mother to do. And if she did sue, she would be the one to get the money if she won, not the young adult child since the mother was the one who raised and supported the child.

Do you have to file for custody of your child in order to get a court document stating you have sole custody?

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Asked by Saphiire

No. If the other parent has not had his/her parental rights taken away by the court, he/she is still responsible for providing financial support for the child(ren).

What rights does a biological father have when the mother of the child remarries?

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Asked by Wiki User

The child of a woman who is married is generally assumed under the law to be the child of her husband. That type of situation complicates a child's legal rights and compromises the child's genealogy unless the matter is addressed by a court order that identifies the child's biological father. If there is no court order, the mother's husband will be listed as the father and he will be responsible for supporting the child even if the parties later divorce. The child will be his heir at law. The child will not be considered an heir at law of his biological father unless he can prove his relationship at the time of his biological father's death.

The child of a woman who is married is generally assumed under the law to be the child of her husband. That type of situation complicates a child's legal rights and compromises the child's genealogy unless the matter is addressed by a court order that identifies the child's biological father. If there is no court order, the mother's husband will be listed as the father and he will be responsible for supporting the child even if the parties later divorce. The child will be his heir at law. The child will not be considered an heir at law of his biological father unless he can prove his relationship at the time of his biological father's death.

The child of a woman who is married is generally assumed under the law to be the child of her husband. That type of situation complicates a child's legal rights and compromises the child's genealogy unless the matter is addressed by a court order that identifies the child's biological father. If there is no court order, the mother's husband will be listed as the father and he will be responsible for supporting the child even if the parties later divorce. The child will be his heir at law. The child will not be considered an heir at law of his biological father unless he can prove his relationship at the time of his biological father's death.

The child of a woman who is married is generally assumed under the law to be the child of her husband. That type of situation complicates a child's legal rights and compromises the child's genealogy unless the matter is addressed by a court order that identifies the child's biological father. If there is no court order, the mother's husband will be listed as the father and he will be responsible for supporting the child even if the parties later divorce. The child will be his heir at law. The child will not be considered an heir at law of his biological father unless he can prove his relationship at the time of his biological father's death.

If the father has custody and the mother does not work will she be made to pay child support?

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Asked by Wiki User

The new "Mother" has nothing to do with the communion between her husband and his ex-wife, so the answer is no. * A new spouse has no legal standing in regards to non biological children, regardless of the issue. The biological father would have to be the one to file a suit to have the child support order enforced.

What age can a child choose not to visit a parent in IN and VA?

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Asked by Wiki User

When they reach the age of majority which is 18, or when a court rules otherwise. A minor child nor a custodial parent are not allowed to arbitrarily stop or change visitation schedules unless the other custodial parent agrees or unless there is "just cause' such as the child being ill. To change a visitation order the parent who believes there is a problem must file a motion of modification in the proper court of jurisdiction. Any parent who does not obey a court ordered custody agreement can be cited for contempt and experience other legal difficulties.

What are New Hampshire's child abandonment laws?

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Asked by Wiki User

Section 170-C:5 of the New Hampshire Revised Statutes lists the available grounds for termination of a parent's rights. Subsection I defines child abandonment as a period of at least six months during which the parent left the child without means of support or without communication between the child and parent. Alternatively, the parent may abandon a child by leaving the child without any way to identify the child or parent. If the petition for termination of parental rights includes sufficient facts and evidence to show child abandonment, the parent may involuntarily lose all parental rights, including the right to child custody, on a permanent basis.

What is the legal age a child can decide which parent to live with in Kentucky?

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Asked by Wiki User

As long as you are a minor you can not decide legally where to live.

How do you file child abandonment in Oklahoma?

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Asked by Wiki User

MY SON IS 8 HIS FATHER HAS NOT HAD CONTACT WITH MY SON OR TRIED IN 5 YEARS 3 AND A HALF OF THOSE HE WAS IN PRISON FOR METH. NOW HE WANTS "TO BE HIS FRIEND". HOW DO I FILE ABANDONMENT OR GET RIGHTS TAKEN AWAY FROM HIM

What are the child custody laws for unwed parents in VA?

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Asked by Wiki User

When the parents aren't married the mother has sole custody of her child. Once paternity has been established the father can petition for joint custody or visitation rights. A child support order will also be issued at that time.

See the link provided below for a sample booklet on never married parents questions and rights in Massachusetts and a link for child custody laws in the US.

How do you stop child support if custodial parent doesn't want the money?

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Asked by Wiki User

File suit to have the support order rescinded. However, child support and parental rights are two entirely different issues and a parent cannot be forced to relinquish his or her rights to their biological child. Voluntarily requesting child support termination does not affect the non custodial parent's custodial or visitation rights. The court will only terminate parental rights in cases of documented neglect and/or abuse, and sometimes not even then. In some instances rather than terminating rights supervised visitation will be ordered.

Is there a law mandating the non cust parent to take the child to his activities on their visitation time?

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Asked by Wiki User

What kind of question is that? Are you seriously a non custodial parent that even thinks that is a question. You don't want to take your kids to their activities? Its called being an involved parent. The law doesnt need to be addressed, you need to step up to the plate and be a parent.

Can the father of my child claim the kids on his taxes if he isn't the legal guardian But pays child support but is behind in payments?

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Asked by Wiki User

According to the IRS, the only person who can claim a child as a dependent on a tax return is a relative (to include step parents, foster parents, etc) who provided custodial support for the child for more than 50% of the year. In other words, if the child lives with you for at least 183 out of 365 days during the tax year, you can claim him/her. If the child lived with you for 182 days or less, you cannot. It does not matter if another parent is paying child support.

What age can minors choose which parent they want to live with in a divorce?

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Asked by Wiki User

Family court decides whether to enforce visitation or not. If your kids don't want to see one parent then the other parent can try to tell the judge why they shouldn't have to, and the parent that wants visitation can try to tell the judge why they should. It gets ugly. Kids don't benefit. The whole thing is a mess but in most states kids don't have a choice and even if they go to court the judge doesn't usually listen to them - they think their brainwashed by the parent who doesn't want the kids to have to go see the ex.

How can your son insure his name on the birth certificate if the mother is married to another man?

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Asked by Wiki User

The parent(s) can put anyone's name on the birth certificate.

This statement is not true in the state of Kansas. My son had a child with a married woman who was separated from her husband. In the state of Kansas the husband is always considered the father of the child. In order to get the true parent's name on the birth certificate a divorce has to take place and then the real parent has to go to court to ask for his name to be put on the birth certificate.

A divorce is not needed but the biological father has to provide proof via a DNA test and show the court and then his name can be put on the birth certificate.

How do you file child abandonment charges on a noncustodial father who pays child support but wants nothing to do with the child?

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Asked by Wiki User

File for contempt of court on the child support, but there's nothing that can be done about him not seeing the child as that could open a can of worms incurring the anger of feminists. If you started doing that they would have to start charging mothers for violating the father's court ordered visitation rights, which 60% of fathers are denied access according to the US Dept. of Health & Human Services study, "Survey of Absentee Parents" over 60% of mothers regularly violate the access rights of fathers. They will cut off all contact between the children and their fathers within five years. Unlike child support, mothers are not jailed, even with multiple Contempt of Court ruling against them for violating the fathers' court ordered visitation rights.

Can you imagine arresting 60% of custodial mothers?

What is the law on child abandonment in Florida?

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Asked by ThomasKreyling

What is the time line for child abandonment for a non custodial parent? My husband was given temporary full custody of a three year old and five year old in December 2008. The mother was only allowed to have supervised visitation. She maintained off and on contact until May 2009. She has not called or made any attempt to contact the girls since May. How long do we have to wait to file abandonment?

Can a hospital use a birth certificate as proof of identity to put father on babys birth certificate?

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Asked by Wiki User

No they can't. A birth certificate is not proof of identity unless accompanied by an official ID issued by the state or federal government, such as a drivers license, state identification card, or a passport.

What do you do when the non-custodial parent kidnapped the child?

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Asked by Wiki User

Petition the court to terminate the visitation with th guardian until the jailed parent is released from jail.

Do you still pay child support on child who become s pregnant?

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Asked by Wiki User

I am not an attorney or legal specialist. But If you are receiving child support at 20 are you receiving back child support owed from years that the parent skipped while you were a child? If you are receiving back child support then I would think not. If you are still receiving child support on your self at 20 and are pregnant , I would think that it would stop. Being pregnant is an adult action. I am not sure what state you live in but I would check the Divorce decree of your parents .

AnswerIf you (or actually, I guess your parent) still receive child support at 20, then I imagine it's because you're still in school. If that's the case, and you remain in school and do not become 'emancipated' (for example through marriage), then I don't think a pregnancy would have any effect on the child support order. Check with a local attorney.

What can a mother do for a child's support if the father of her child is on SSI and does not have a job and does not have to pay child support?

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Asked by Wiki User

If the father is on SSI the child is entitled to check too from SSI. If the paternity of the child has been established you are fine. You can contact SSI with the childs birth record, file a child support action and the child will receive his own check. If paternity has not been established hire and attorney or contact you local child support enforcement agency.

How do you get legal guardianship of your grandchild?

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Asked by Wiki User

You must establish your paternity if that hasn't already beed established and then you must petition the court for custody. The court will need a very good reason to order a change in custody. You should consult with an attorney who specializes in family law.

Can a custodial parent lose custody if homeless?

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Asked by Wiki User

Unfortunately it is up to judicial discretion. In a case where someone is homeless, "supervised visitation" can take place, but is typically at at courthouse, police station, or other unhealthy atmospheres for children, and only for an hour or two...and the NCP has to pay for it! If you are homeless, I imagine you can't afford the visitation fees. The family court system does not offer much for services for NCPs. This is an underserved population. Typically in a divorce or separation, one parent will falsely claim abuse and obtain a restraining order to gain the upper hand in divorce and custody battles and get to keep the house, kids, car, etc. This is why many NCPs are homeless. Even when someone has assets to pay for housing, they will be frozen pending the outcome of the divorce. I hope this answers your question and then some.