Custody

they get put in a Foster Home, or if they are young maybe they would get adopted.

Minor children are not allowed to make such decisions. If the child is old enough to comprehend the situation the judge may ask him certain questions concerning his present living situation, school, friends, and so forth. The judge will not ask the child which parent he or she wishes to live with, as it is considered to place to large an emotional burden upon the child, and any child will usually choose the parent who is the most lenient. There are exceptions to the rule, if a child is an older teen the judge may order the parents and child to attend counseling sessions in an attempt to reach equitable solution to custody, rather than having it made by the court.

In some states the non custodial parent is required to pay child support even if the custodial parent is not working, especially if the custodial parent is receiving welfare, AFDC, or public assistance. what will happen is that the noncustodial parent pays child support and the departmant of social services will take that payment and use it as a full or partial payment towards the monthly assistance grant. I do not know what the standard policy is for alimony.

The short answer is yes. The affidavit simply establishes a presumption of paternity. The father has no actual rights (to custody, parenting time, or support) until he files a paternity suit. If he did file a paternity suit, no DNA test will be required, and he will be found to be the father, because he is on the affidavit. Next, the court would issue an Order of Filiation. At that point, the mother would be bound by Michigan's 100 mile rule, and would not be able to more more than 100 miles from the other parent unless given permission by the court. However, in your case, all you have is an affidavit of parentage. You can move out of state without permission of the other parent or the court.

It would be very difficult to find a judge would would grant custody to someone with no means to take care of the children. The father could reapply for custody at a later date if he improves his situation.

The biological father would not need to adopt his own child. He would petition the court for full custody of the minor child and assuming the court deemed him fit for parenting he would become the sole custodian.

See related question

If it's court ordered, he has no right of access, or to petition for access. If this addresses single fathers, they have no rights of access, however they have a right to petition the courts for access.

Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Remember, a child's mother can always be identified by medical records. Since the father didn't give birth and he was not legally married at the time of the birth he must seek other means of establishing his paternity and that is done through paternity test. A paternity test can be arranged through the court and once established the father can request visitations, custody and set up child support for the child.

As a general rule there is no threshold age for giving evidence. In other words, a child does not have to be a specific age to be deemed competent or below which they are deemed incompetent. The competence of a child to give evidence is for the court to assess on an individual basis. This competence hearing is known as a 'voire dire'.

In the past the test for competency for a child witness was whether the child understood the nature and consequences of the oath. Now that it is no longer necessary (in most common-law countries) for a child to take the oath before testifying, the test is rather whether the child understands the difference between telling the truth and lying, and the importance of telling the truth to the court.

Recently, there appears to be a shift from deciding a child's competence on the basis of reliability to deciding a child's competence on the basis of intelligibility. In other words, as long as the evidence of the child can be understood, it should be received, and thereafter the weight of that evidence can be assessed as a matter of fact. This is more in keeping with the approach taken with adults, which is appropriate, as the latest research shows that children are as competent as, and sometimes better than, adults in the witness box, as long as the children are properly interviewed and carefully questioned.

Neil van Dokkum.

no the child or teen is not living with them and the child support is to support the teen while they are living there and now they're.. not but if there are other children involved you will still have to pay for them.. but you will have to go through court unless the other parent is willing to just give up custody which in most cases they wont because they want the money..ask a lawyer they will have much more information for you or go to a court house a get a pamphlet..hope i helped!!

It depends on the state, however most states are the same considering Fosterhomes. The child may not pick a family to go to. A family that would want to take in the child may go through a process of home studys and background checks to be eligible to legally take the child in. However, if the family is already a foster parent they can tell the local Social Service they want this child in their home and it can happen immediatly due to the fact they already have all training and are fully prepared for any child in the state. If the family is out of state , that family will have to go under a long process of an interstate compact. The only way a child may go live with family is if you agree ,upon the social worker asking you and do the procedures, or if you make the request and do the procedures. Same thing with unsupervised visits. Hope this helps!

Run, don't walk to the venue that issued the order for support and file a petition/motion to suspend/abate support.

On the other hand, if you cannot afford to help feed, clothe and educate the child you already have, perhaps you should consider not having more children...beyond the one you are about to deliver, that is.

No. Courts are very concerned that children have the opportunity to spend time with both parents. Unless there are mitigating circumstances, such as proven previous abuse. Even in this scenario, the court could order supervised visitation.

A parent is the biological or legally adoptive mother or father. If you have lost custody of your child you are still the child's parent in that sense. If you have allowed your child to be legally adopted you may not be in their life but you are still their parent in that sense. In a legal sense you can no longer make any decisions for the child and have no parental rights.

Not unless there is a court order allowing the action.

I do not think so, yet you can consider yourself emancipated, which means you get along in life on your own. You probably want to talk to your parents about something like this anyways!!

unless you were married to your father, than no, you cannot divorce your dad.

some have done it, but it's not recommended. see links below ADDED: The questioner does not make clear if they are the parent, or the minor, that is asking the question. If you are the parent - see the above answer - if you are the minor - no, you cannot.

With the case backlog, it could take months, so file early. see link below

IF you have a legitimate court order granting you visitation you can enforce it at the mother's home with a police escort. You cannot take them out of the country, however, unless the mother consents or your custody/visitation order states that you can. If you disagree with this you need to file for a custody/visitation hearing in her state and county. You can go to the pro se (meaning to defend yourself) website for her state and do most of it online, you could even have someone you know here stateside file it in court for you to get a hearing, however you NEED to be at the hearing. Your other option would be to hire an attorney in her state and county and she can go to court on your behalf (with some required paperwork) and try to get the order modified. Through personal experience and working with hundreds of court cases I never suggest that you allow a judge to make a decision so serious that will affect your life until your youngest is 18 without you at least giving the judge your side of the story.

You need to see a lawyer. Look for "Legal Aid" in your state as they offer free or low-cost legal advice.

If someone is the "biological" father, he doesn't adopt the child, it is his child. He is legally obligated (in the USA) to provide support (money) for the child's needs. The only exception is if the mother was married to another man at the time of the birth, then legally the husband is considered the baby's father (even if everyone knows and admits that the other man is the baby's biological father).

If you're asking whether the biological father can be forced to take care of the child in his own house, the answer is "no" he can give up his parental rights to the child.

If you're asking whether the biological father can take the child away from the mother and her boyfriend/husband, the answer is "maybe" if he can PROVE to a court that the baby's mother is unfit and he (the biological father) is a better parent.

If the father WANTS to be involved in the baby's life even though the mother has a new boyfriend/husband, the father MUST be allowed to have visitation with his child. Not allowing him to see the child may cause the courts to consider the mother not fit to raise the child.

Again, GET LEGAL ADVICE from a lawyer.

This depends on a number of factors. The age of a child has a lot to do with parental rights. The divorce or separation degree may already have specific information about this topic. It would be best to hire an attorney or mediator to help work this out for you.

You will typically go into mediation and try to come to an agreement. if an agreement cannot be reached it is brought before a judge. If both parties still refuse to come to some kind of agreement it will go to pre-trial.

me and my husband were married, but had only been married for a month. and when the baby was born i still hadnt changed my last name, but i could just write down what i wanted. I dont know if they would except it if his name is not on the birth cirtificate as well so make sure his name is there. but i know plenty of cases where the mother has a different last name then the child because they never got it changed. I didnt have to show proof of our marriage either so i dont think it matters you should be fine. i had my baby in nevada, and the other cases im aware of are in california.